July 29, 2013
ANTHONY E. TRAVELSTEAD, Plaintiff,
COMMISSIONER of SOCIAL SECURITY, Defendant.
CLIFFORD J. PROUD, Magistrate Judge.
Before the Court is the Parties' Joint Motion for an Award of Fees Under the Equal Access to Justice Act. (Doc. 27).
Pursuant to the Equal Access to Justice Act, 28 U.S.C. §2412(d)(1)(B), the parties stipulate that plaintiff is entitled to an award of attorney's fees in the amount of $7, 318.50 and costs in the amount of $17.85.
The Court finds that plaintiff is the prevailing party and is entitled to an award of attorney's fees and costs pursuant to the Act. The Court further finds that the agreed upon amounts are reasonable and appropriate.
The parties' Joint Motion (Doc. 27) is GRANTED. The Court awards plaintiff Anthony E. Travelstead the sum of $7, 318.50 for attorney's fees and $17.85 for costs pursuant to the Equal Access to Justice Act. These funds shall be payable to plaintiff, per Astrue v. Ratliff , 130 S.Ct. 2521 (2010). However, in accordance with the parties' agreement, any part of the award that is not subject to set-off to pay plaintiff's pre-existing debt to the United States shall be made payable to plaintiff's attorney pursuant to the EAJA assignment previously executed by plaintiff and his attorney.
IT IS SO ORDERED.