Hill v. Commissioner of Social Security Administration

Filing 40

ORDER granting 38 First MOTION for Attorney Fees Under EAJA, awarding $5,500.00 in attorney's fees. Signed by Honorable J Michelle Childs on 09/13/2017.(bshr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ROCK HILL DIVISION
David Roy Hill,

)
)
Plaintiff,
)
)
v.
)
)
Nancy A. Berryhill, Acting
)
Commissioner of Social Security
)
Administration,1
)
)
Defendant.
)
____________________________________)

Civil Action No.: 0:15-cv-05091-JMC

ORDER

This matter is before the court on motion of Plaintiff, through his attorney, Beatrice E.
Whitten (“Counsel”), for an award of attorney’s fees under the Equal Access to Justice Act
(“EAJA”), 28 U.S.C. § 2412(d). (ECF No. 38.) In a Joint Stipulation, filed on September 13,
2017, the parties agreed that Plaintiff would be awarded $5,500.00 in attorney’s fees. (ECF No.
39 at 1.) After reviewing Plaintiff’s Motion and the Joint Stipulation, the court finds that the
stipulated request for fees is reasonable.
In accordance with Astrue v. Ratliff, 560 U.S. 586 (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)). Therefore, the court directs that fees be payable to
Plaintiff and delivered to Plaintiff's counsel. The amount of attorney’s fees payable to Plaintiff
will be the balance of stipulated attorney’s fees remaining after subtracting the amount of
Plaintiff’s outstanding federal debt. If Plaintiff’s outstanding federal debt exceeds the amount of

1

Pursuant to Federal Rule of Civil Procedure 25(d), Nancy A. Berryhill is substituted for
Carolyn Colvin as the named defendant because she became the Acting Commissioner of Social
Security on January 23, 2017.
1

attorney’s fees under the stipulation, the stipulated amount will be used to offset Plaintiff’s
federal debt and no attorney’s fees shall be paid. (See ECF No. 24.)
After a thorough review of the record and the parties’ Joint Stipulation (ECF No. 39), the
court GRANTS Plaintiff’s Motion for Attorney’s Fees (ECF No. 38), and Plaintiff shall be
awarded $5,500.00 in attorney’s fees.
IT IS SO ORDERED.

United States District Judge
September 13, 2017
Columbia, South Carolina

2