Mikell, JR. v. Commissioner of Social Security Administration
ORDER granting 21 MOTION for Attorney Fees under Equal Access to Justice Act, awarding fees in the amount of $5,000.00 and costs in the amount of $400.00. Signed by Magistrate Judge Paige J. Gossett on 11/17/2022.(bshr, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Benjamin Stiles Mikell, Jr.,
Kilolo Kijakazi, Acting Commissioner of the
Social Security Administration,
C/A No. 0:22-1233-PJG
This matter is before the court on Plaintiff’s motion for attorney’s fees pursuant to the
Equal Access to Justice Act (“EAJA”). (ECF No. 21); see 28 U.S.C. § 2412. The parties filed a
joint stipulation on November 3, 2022 notifying the court that the parties have agreed to a
compromise settlement in which Defendant agrees to pay Plaintiff $5,000.00 in attorney’s fees and
$400.00 in costs. (ECF No. 22.)
The court has reviewed the stipulation and finds the compromise settlement reasonable and
authorized under applicable law. See Grisbrecht v. Barnhart, 535 U.S. 789, 796 (2002).
Accordingly, it is
ORDERED that Plaintiff be granted attorney’s fees pursuant to the EAJA in the amount
of $5,000.00 and costs be granted in the amount of $400.00. 1 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
Costs are paid from the Judgment Fund by the Department of the Treasury rather than by
Agency funds. See 28 U.S.C. §§2412(c)(1).
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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.
November 17, 2022
Columbia, South Carolina
Paige J. Gossett
UNITED STATES MAGISTRATE JUDGE
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