Forrest v. Colvin

Filing 22

ORDER granting in part 19 Motion for Attorney Fees. Signed by Jane M Virden on 1/7/14. (ncb)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
GREENVILLE DIVISION

BRENDA FORREST

PLAINTIFF

V.

NO. 4:13CV00094-JMV

CAROLYN W. COLVIN,
Acting Commissioner of SSA

DEFENDANT

ORDER AWARDING ATTORNEY FEES
Before the court is the claimant’s petition [19] for attorney fees pursuant to the Equal
Access to Justice Act (“EAJA”), 28 U.S.C. § 2412. In these proceedings, the claimant sought
judicial review of the final decision of the Commissioner of Social Security, denying a claim for
benefits. By Judgment [18] dated December 9, 2013, the court remanded this case to the
Commissioner for further proceedings. The claimant now seeks attorney fees in the amount of
$5,475.75 (representing 29.4 hours of attorney time at a rate of $186.25/hr) under the EAJA on
the grounds that she was the prevailing party and the Commissioner’s position was not
“substantially justified.” Additionally, the claimant requests that this sum be paid to her attorney
pursuant to an assignment of EAJA fees. The Commissioner does not oppose the claimant’s
request for attorney fees; however, the Commissioner asserts that the EAJA award should be
made payable to the claimant, not her attorney.
The court has considered the claimant’s motion and supporting documentation and the
record of this case and finds that the fee request is reasonable. Accordingly, the only remaining
issue is whether the award should be paid to the claimant or to her attorney.
In Astrue v. Ratliff, 130 S.Ct. 2521, 2528-29 (2010), the Supreme Court held that EAJA
fees are payable to litigants. Ratliff, 130 S.Ct. at 2528.1 Therefore, based on this authority the
court finds it is appropriate to direct that payment be made to the claimant.

1

The result is that attorney fees awards are subject to offset where the claimant has outstanding
federal debts. Ratliff, 130 S.Ct. at 2528.

THEREFORE, IT IS ORDERED that the claimant’s motion for payment of attorney
fees is hereby GRANTED in part, and the Commissioner shall pay the claimant a total of
$5,475.75 for the benefit of her attorney.
THIS, the 7th day of January, 2014.

/s/ Jane M. Virden
U. S. MAGISTRATE JUDGE

2