Burroughs v. Colvin (CONSENT)

Filing 25

MEMORANDUM OPINION AND ORDER: it is ORDERED as follows: 1) That the 22 motion for attorney's fees is hereby GRANTED; 2) The plf is hereby AWARDED fees in the amount of $2,421.82; 3) To the extent that plf's counsel requests that fees should be awarded to directly to counsel, 28 USC § 2412(d)(1)(A) authorizes the court to award fees to the prevailing party. See 28 USC § (d)(2)(B). See also Reeves, supra. The motion that fees be paid directly to counsel is hereby DENIED. Signed by Honorable Judge Terry F. Moorer on 7/20/2016. (wcl, )

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE MIDDLE DISTRICT OF ALABAMA
SOUTHERN DIVISION
LEVAN BURROUGHS,
Plaintiff,
v.
CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
Defendant.

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Case No. 1:15-cv-542-TFM

MEMORANDUM OPINION AND ORDER
Pending before the Court is Plaintiff’s Application for Attorney Fees Under the
Equal Access to Justice Act (Doc. 22, filed 6/6/16). Defendant does not object to an
award of fees in the amount of $2,421.82 representing 12.75 hours of attorney time. See
Doc. 24.
On May 5, 2008, the Eleventh Circuit Court of Appeals decided Reeves v. Astrue,
526 F.3d 732 (11th Cir. 2008) in which the Court unambiguously held that “attorney’s
fees are awarded to the prevailing party, not to the prevailing party’s attorney.” Id. at
738. On June 14, 2010, the United States Supreme Court decided Astrue v. Ratliff, 560
U.S. 586, 130 S. Ct. 2521, 177 L.Ed.2d 91 (2010) in which the Court also unambiguously
held that attorney’s fees are awarded to the prevailing litigant – not to prevailing litigant’s
attorney – and are therefore also subject to any offset for debts.
Accordingly, upon consideration of the motion, and for good cause, it is
ORDERED as follows:
1.

That the motion for attorney’s fees (Doc. 22) is hereby GRANTED.

2.

The plaintiff is hereby AWARDED fees in the amount of $2,421.82.

3.

To the extent that plaintiff’s counsel requests that fees should be awarded to

directly to counsel, 28 U.S.C. § 2412(d)(1)(A) authorizes the court to award fees to the
prevailing party. See 28 U.S.C. § (d)(2)(B). See also Reeves, supra. The motion that
fees be paid directly to counsel is hereby DENIED.
DONE this 20th day of July, 2016.
/s/ Terry F. Moorer
TERRY F. MOORER
UNITED STATES MAGISTRATE JUDGE

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