Parker v. Commissioner of Social Security Administration

Filing 32

ORDER granting 29 Motion for Attorney Fees in the sum of $8,000.00 and $400 in costs. Signed by Honorable Donald C Coggins, Jr on 5/13/2019.(asni, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ROCK HILL DIVISION
Sheronda L. Parker,

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Plaintiff,
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v.
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Commissioner of Social Security,
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Defendant.
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Case No. 0:17-cv-03089-DCC

ORDER

On March 26, 2019, Robertson H. Wendt, Jr., counsel for Plaintiff, filed a motion
for attorney's fees pursuant to the Equal Access to Justice Act (“EAJA”). ECF No. 29.
In the motion, counsel requests reimbursement for representation provided in the abovereferenced case in the amount $8,999.50 and $400 in costs. Id. The Commissioner filed
a stipulation by and between the parties to an attorney fee of $8,000.00 and $400 in costs.
ECF No. 30. Accordingly, the court grants Plaintiff's motion and directs the Commissioner
to pay Plaintiff the stipulated sum of $8,000.00 and $400 in costs. 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.

May 13, 2019
Spartanburg, South Carolina

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