Byas v. Commissioner of Social Security Administration

Filing 34

ORDER granting 30 Motion for Attorney Fees, awarding $4,200.00 in fees and $16.00 in expenses. Signed by Honorable Donald C. Coggins, Jr. on 03/05/2019.(bshr, )

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
ROCK HILL DIVISION
Helen Ruth Byas,
) C/A No. 0:17-cv-01856-DCC
)
Plaintiff,
)
)
vs.
)
)
ORDER
Commissioner of Social Security,
)
)
Defendant. )
_____________________________________ )
On December 3, 2018, W. Daniel Mayes, counsel for Plaintiff, filed a motion for
attorney's fees pursuant to the Equal Access to Justice Act (“EAJA”) ECF No. 30. In the
motion,

Mayes

requests

reimbursement

for

representation

provided

in

the

above-referenced case in the amount $4,433.88 and $16.00 for expenses. Id. The
Commissioner filed a stipulation by and between the parties to an attorney fee of $4,200.00
and $16.00 in expenses. ECF No. 31. Accordingly, the court directs the Commissioner
to pay Plaintiff the stipulated sum of $4,216.00. Such payment shall constitute a complete
release from and bar to any and all further claims that Plaintiff may have under the EAJA
to fees, costs, and expenses incurred in connection with disputing the Commissioner's
decision.
This award is without prejudice to the rights of Plaintiff's counsel to seek attorney
fees under section 206(b) of the Social Security Act, 42 U.S.C. § 406(b), subject to the
offset provisions of the EAJA. Under Astrue v. Ratliff, 130 S.Ct. 2521, 2528–29 (2010),
EAJA fees awarded by this court belong to 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 Plaintiff to
counsel, Defendant is directed to make the check due pursuant to this Order payable to
Plaintiff and delivered to Plaintiff’s counsel.
IT IS SO ORDERED.
March 5, 2019
Spartanburg, South Carolina

s/ Donald C. Coggins, Jr.
United States District Judge