Briggs II v. Colvin

Filing 20

ORDER awarding the requested $4,403.47 in attorneys' fees and $400 in costs re 19 Stipulation filed by Carolyn W. Colvin. Signed by Judge William T. Moore, Jr on 8/3/16. (trb)

LEO
U.S. C!STici COURT
S P J .! A
IN THE UNITED STATES DISTRICT COURT FOR
THE SOUTHERN DISTRICT OF GEORGIA 206AUG-3 AM 11: 26
SAVANNAH DIVISION

LOUIS HINTZE BRIGGS, II,

)

Plaintiff,
CASE NO. CV415-062

V.

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

ORDER

Before the Court is the Parties Joint Stipulation for
Resolution of Petition for EAJA Fees. (Doc. 19.) The Court has
carefully considered the application for attorney's fees and
costs and finds that Plaintiff meets the requirements set forth
in Jean v. Nelson, 863 F.2d 759, 765 (11th Cit. 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 $4,403.47 in attorneys' fees and $400 in costs. 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, 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 August 2016.

WILLIAM T. MOORE, JR.
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA