Myers v. Commissioner of Social Security Administration

Filing 23

ORDER re: 20 Joint Stipulation, granting 19 Motion for Attorney Fees in the amount of $4,000.00. Signed by Magistrate Judge Paige J Gossett on 01/08/2016.(bshr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Earl Wayne Myers, II,

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

C/A No. 0:14-2424-PJG

ORDER

This matter is before the Court on Plaintiff’s Petition for Attorney’s Fees pursuant to the
Equal Access to Justice Act (“EAJA”) filed November 30, 2015. See 28 U.S.C. § 2412. Plaintiff
seeks an award of attorney’s fees in the amount of $5,115.00. A Joint Stipulation filed on Decmeber
17, 2015 notified the court that the parties agreed to a compromise settlement in which Defendant
agrees to pay Plaintiff $4,000.00 in attorney’s fees.
The court has reviewed the fee motion and stipulation and finds the compromise settlement
reasonable. Accordingly,
IT IS ORDERED that the Plaintiff’s petition for attorney’s fees pursuant to the EAJA be
granted in the amount of $4,000.00 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)). In the event Plaintiff has no present debt subject to offset and Plaintiff has executed a
proper assignment to Plaintiff’s counsel, Defendant is directed to make the payment due to Plaintiff’s
counsel. If Plaintiff has no debt subject to offset and no proper assignment has been made by

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Plaintiff to counsel, Defendant is directed to make the check due pursuant to this Order payable to
Plaintiff and delivered to Plaintiff’s counsel.

____________________________________
Paige J. Gossett
UNITED STATES MAGISTRATE JUDGE
January 8, 2016
Columbia, South Carolina

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