Boone v. Commissioner of Social Security Administration

Filing 23

ORDER granting 22 Motion for Attorney Fees, awarding attorney's fees pursuant to the EAJA in the amount of $5,687.00. Signed by Magistrate Judge Paige J. Gossett on 10/21/2014.(bshr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Marcia Boone,

)
)
Plaintiff,
)
)
v.
)
)
Carolyn W. Colvin, Acting Commissioner of
)
Social Security,
)
)
Defendant.
)
_____________________________________ )

C/A No. 0:13-726-PJG

ORDER

This matter is before the court on the Plaintiff’s petition for attorney’s fees pursuant to the
Equal Access to Justice Act (“EAJA”), 28 U.S.C § 2412, and the parties’ Stipulation for an Award
of Attorney Fees. (ECF Nos. 21 & 22.) The parties notified the court that the parties agreed to a
settlement in which the Defendant agrees to pay the Plaintiff $5,687.00 in attorney’s fees
representing 32.5 hours at the rate of $175.00 per hour. The court has reviewed the Petition and the
Stipulation and, applying the test in accordance with the EAJA, finds the amount reasonable. See
28 U.S.C. § 2412(d)(1)(A) (providing that a court shall award reasonable attorney’s fees to a
prevailing party in certain civil actions against the United States unless the court finds that the
government’s position was substantially justified or that special circumstances make an award
unjust); Crawford v. Sullivan, 935 F.2d 655, 656 (4th Cir. 1991) (stating that “[e]ligibility for an
award of fees under the EAJA requires: (1) that the claimant be a ‘prevailing party’; (2) that the
government’s position was not ‘substantially justified’; (3) that no ‘special circumstances make an
award unjust’; and, (4) that the fee application be submitted to the court within 30 days of final
judgment and be supported by an itemized statement” and that the government bears “the burden of

Page 1 of 2

proving that its litigation position was substantially justified”) (quoting 28 U.S.C. § 2412). It is
therefore
ORDERED that the Plaintiff’s petition for attorney’s fees pursuant to the EAJA be granted
in the amount of $5,687.00 in attorney’s fees. EAJA fees awarded by this court belong to the
Plaintiff and are subject to offset under the Treasury Offset Program (31 U.S.C. § 3716(c)(3)(B)
(2006)). If the Plaintiff has no debt subject to offset and no proper assignment has been made by the
Plaintiff to counsel, the Defendant is directed to make the check due pursuant to this Order payable
to the Plaintiff and delivered to the Plaintiff’s counsel.

October 21, 2014
Columbia, South Carolina

____________________________________
Paige J. Gossett
UNITED STATES MAGISTRATE JUDGE

Page 2 of 2