Rolon v. Commissioner of Social Security Administration

Filing 28

ORDER awarding plaintiff $5,000.00 in attorney's fees under the EAJA. Signed by Honorable J. Michelle Childs on 09/29/2014.(bshr, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA ROCK HILL DIVISION William Joseph Rolon, ) ) ) ) Plaintiff, ) ) v. ) ) Carolyn W. Colvin, Acting Commissioner ) of the Social Security Administration, ) ) Defendant. ) ____________________________________) Civil Action. No. 0:13-cv-01009-JMC ORDER This matter is before the court upon the parties’ Joint Stipulation for an award of attorney’s fees to Plaintiff under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412. (ECF No. 26). The parties have agreed to a compromise settlement reimbursement for Plaintiff’s counsel’s representation in the captioned matter in the amount of $5,000.00 in attorney’s fees. This amount represents compensation for all legal services rendered on behalf of Plaintiff by his counsel in connection with the above listed matter. The court has reviewed the parties’ signed Joint Stipulation for EAJA fees (ECF No. 26). Pursuant to the EAJA, the court finds that Plaintiff’s counsel’s request for fees is reasonable. Therefore, Plaintiff is entitled to an award of attorney’s fees under the EAJA in the stipulated amount of $5,000.00. See 28 U.S.C. §§ 2412(c)(1) and 2414. In accordance with Astrue v. Ratliff, 130 S. Ct. 2521, 2528-29 (2010), EAJA fees awarded by this court belong to the litigant, thus subjecting EAJA fees to offset under the Treasury Offset Program (31 U.S.C. § 3716(c)(3)(B) (2006)) and, therefore, the court directs that fees be payable to 1 Plaintiff and delivered to Plaintiff's counsel. IT IS SO ORDERED. United States District Judge September 29, 2014 Columbia, South Carolina 2

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