Harvey v. Commissioner of Social Security Administration

Filing 27

ORDER granting 24 Motion for Attorney Fees, awarding $4,093.09 in attorney's fees and $21.88 in expenses. Signed by Honorable J. Michelle Childs on 06/26/2019.(bshr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ROCK HILL DIVISION
Nancy Harvey,
Plaintiff,
v.
Commissioner of Social Security
Administration,
Defendant.

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Civil Action No.: 0:18-cv-00048-JMC
ORDER

This matter is before the court on Plaintiff Nancy Harvey’s (“Plaintiff”) Motion for
Attorney’s Fees under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d), filed on
June 11, 2019. (ECF No. 24.) Defendant Commissioner of Social Security Administration (“the
Commissioner”) responded to Plaintiff’s Motion on June 25, 2019, and did not oppose the payment
of four thousand ninety-three dollars and nine cents ($4,093.09) in attorney’s fees and twenty-one
dollars and eighty-eight cents ($21.88) in expenses to Plaintiff. (ECF No. 25 at 1.) After reviewing
Plaintiff’s Motion (ECF No. 24) and the Commissioner’s Response (ECF No. 25), the court finds
that the request for attorney’s fees and expenses is reasonable and that Plaintiff is entitled to an
award of attorney’s fees under the EAJA in the stipulated amount.
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. Ratliff, 560 U.S. at 589. 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. 31 U.S.C. § 3716. If Plaintiff’s outstanding federal debt

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exceeds the amount of 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 31 U.S.C. § 3716. (See also
ECF No. 25 at 1–2.)
After a thorough review of Plaintiff’s Motion (ECF No. 24) and Defendant’s Response
(ECF No. 25), the court GRANTS Plaintiff’s Motion for Attorney’s Fees (ECF No. 24) and awards
$4,093.09 in attorney’s fees and $21.88 in expenses.
IT IS SO ORDERED.

United States District Judge

June 26, 2019
Columbia, South Carolina

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