Hamlin v. Colvin

Filing 21

ORDER granting 17 Motion for Attorney Fees. Plaintiff is awarded $4,159.85 in attorney fees. Signed by Judge William T. Moore, Jr on 7/6/16. (wwp)

IN THE UNITED STATES DISTRICT COURT FOR
THE SOUTHERN DISTRICT OF GEORGIA £M!JUL-€
SAVANNAH DIVISION
ROBERT HAMLIN,

AHIO:59

)

Plaintiff,
v.

CASE NO. CV413-100

CAROLYN W. COLVIN, Acting
Commissioner of Social Security,
Defendant.

ORDER
Before the Court is Plaintiff Hamlin's Motion for
Attorney's Fees Under the Equal Access to Justice Act ("EAJA")
and the Social Security Act. (Doc. 17.) The Defendant does not
oppose the motion with respect to attorney's fees, but requests
that the Court order that the fees be paid to Plaintiff, as
prevailing party, rather than counsel. (Doc. 20.)
The Court has carefully considered Plaintiff's application
for attorney's fees and finds that he meets the requirements of
Jean v, Nelson, 863 F.2d 759, 765 (11th Cir. 1988) (holding that
to recover attorney's fees (1) the litigant opposing the United
States must be a prevailing party; (2) the government's position
must not have been substantially justified; and (3) there must
be no circumstances that make an award against the government
unjust." Accordingly, Plaintiff is

AWARDED

the requested

$4,159.85. Upon the entry of this Order, the Commissioner

will

determine whether Plaintiff owes a debt to the government that
qualifies under the Treasury Offset Program, 31 U.S.C. § 3711
and 3716. If Plaintiff owes such a debt, the fee award will be
applied towards its settlement and the Treasury Department
should issue a check for the remaining funds made payable to
Plaintiff and mail the check to Plaintiff's counsel. If
Plaintiff does not owe such a debt, the government will accept
the assignment of EAJA fees and pay such fees directly to
Plaintiff's attorney.
SO ORDERED this

-)-

day of July 2016.

WILLIAM T. MOORE, J
UNITED STATES DISTRCOURT
SOUTHERN DISTRICT OF GEORGIA