Summary
finding the ALJ's discounting testimony concerning mental impairment claims were valid when the evidence in the record did not establish a legitimate excuse for failing to seek treatment
Summary of this case from Swinscoe v. AstrueOpinion
Civil No. 3:10-cv-5801 KLS
08-30-2011
PEGGY ANN RICHARDSON, Plaintiff, v. MICHAEL J. ASTRUE, COMMISSIONER of Social Security, Defendant.
Presented by: Rosemary Schurman, Attorney for Plaintiff Approved for Entry: s/Rosemary B. Schurman (signed per authorization) Kathy Reif Special Assistant US Attorney, OGC, SSA Attorney for Defendant
The Honorable
United States Magistrate Judge
ORDER FOR EAJA FEES, COSTS & EXPENSES
NOTE ON MOTION CALENDAR
August 30, 2011 without oral argument
ORDER
Based upon the stipulation of the parties, the Equal Access to Justice Act (EAJA), 28 U.S.C. §2412, and plaintiff's EAJA petition and the assignment of EAJA fees to plaintiff's attorney by plaintiff, it is hereby
ORDERED that EAJA attorney's fees of $6,394.26, costs of $8.50 (copies) and expenses of $18.78 (service by certified mail) for a total of $6,421.54 shall:
1) Be awarded to Plaintiff pursuant to Astrue v. Ratliff, 552 U.S. 1193 (2010) and delivered to plaintiff's counsel, Rosemary B. Schurman; however,
2) If the U.S. Department of the Treasury verifies to the Office of General Counsel that Plaintiff does not owe a debt, the government will honor Plaintiff's assignment of EAJA Fees and pay EAJA fees, costs and expenses directly to Rosemary B. Schurman.
Karen L. Strombom
United States Magistrate Judge
Presented by:
Rosemary Schurman,
Attorney for Plaintiff
Approved for Entry:
s/Rosemary B. Schurman (signed per authorization)
Kathy Reif
Special Assistant US Attorney, OGC, SSA
Attorney for Defendant