Orff v. Commissioner of Social Security Administration

Filing 31

ORDER granting 28 MOTION for Attorney Fees under EAJA, awarding $4,666.00 in attorney's fees and expenses. Signed by Honorable J. Michelle Childs on 12/11/2017.(bshr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ROCK HILL DIVISION
Heather A. Orff,

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

Civil Action No.: 0:16-cv-01009-JMC

ORDER

This matter is before the court on Plaintiff’s Motion for Attorney’s Fees and Costs Pursuant
to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d). (ECF No. 28.) Defendant
responded to Plaintiff’s Motion and the parties agreed to a stipulation that Plaintiff should be
awarded four thousand six hundred fifty dollars ($4,650.00) in attorney fees and sixteen dollars
($16.00) in expenses. (ECF No. 29 at 1.) After reviewing Plaintiff’s Motion and Defendant’s
Response, the court finds that the stipulated request for fees is reasonable.
In accordance with Astrue v. Ratliff, 560 U.S. 586, 589 (2010), EAJA fees awarded by this
court belong to the litigant, thus subjecting EAJA fees to be offset under the Treasury Offset
Program, 31 U.S.C. § 3716(c)(3)(B). 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 attorney’s

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

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. 29 at 1-2.)
After a thorough review of Plaintiff’s Motion and Defendant’s Response, the court
GRANTS Plaintiff’s Motion for Attorney’s Fees (ECF No. 28), and Plaintiff shall be awarded
$4,666.00 in attorney’s fees and expenses.
IT IS SO ORDERED.

United States District Judge
December 11, 2017
Columbia, South Carolina

2