Swafford v. Social Security Administration

Filing 23

ORDER granting 20 Motion for Attorney Fees. Plaintiff is awarded $1,824.82. Signed by Magistrate Judge Jerome T. Kearney on 3/9/2016. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
DONNIE SWAFFORD
vs.

PLAINTIFF
Civil Case No. 3:16-CV-00002 JTK

NANCY A. BERRYHILL, Acting
Commissioner of Social Security Administration

DEFENDANT

ORDER
Pending is Plaintiff’s Motion for An Award of Attorney’s Fees and Other Expenses
Under the Provisions of the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412 (DE
#20). In the motion, Plaintiff requests $1,824.82 in fees and expenses. The Commissioner
has no objection (DE #22). After careful consideration, the Court hereby finds that the
motion should be granted and that Plaintiff be awarded reasonable attorney’s fees.
EAJA fees are payable to Plaintiff, not Plaintiff’s attorney, and such fees are subject
to an offset when the Plaintiff has outstanding federal debts. See Astrue v. Ratliff, 130 S. Ct.
2521 (2010). Therefore, subject to any offset, payment by check to the order of the Plaintiff,
in care of his attorney, will issue to Plaintiff’s attorney.
Accordingly, the Motion for Attorney’s Fees (DE #20) is GRANTED. Plaintiff is
awarded $1,824.82.
IT IS SO ORDERED this 9th day of March, 2016.

___________________________________
UNITED STATES MAGISTRATE JUDGE