Phillips v. Commissioner of Social Security Administration

Filing 21

ORDER granting 18 Motion for Attorney Fees, and directing the Commissioner to pay Plaintiff $6,500. Signed by Magistrate Judge Shiva V Hodges on 12/13/2013.(cwil, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Elizabeth Phillips, on behalf of Mark
Phillips, deceased,

vs.
Carolyn W. Colvin, Acting
Commissioner of Social Security,
Defendant.

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C/A No.: 1:12-533-SVH

ORDER

This matter is before the court on Plaintiff’s motion for attorney’s fees [Entry
#18]. On August 14, 2013, the court reversed the Commissioner’s decision denying
Plaintiff’s claim for social security disability benefits and remanded the case to the
Commissioner for further proceedings. Plaintiff then properly filed and documented a
request for fees, costs, and expenses pursuant to the Equal Access to Justice Act, 28
U.S.C. § 2412 (“the EAJA”), totaling $7,175.97. The Commissioner filed a response
indicating the parties’ consent to a reduced award of $6,500. [Entry #20]. Accordingly,
the court grants the motion and directs the Commissioner to pay Plaintiff $6,500. 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)). Therefore, the court orders the EAJA fees to be
paid to Plaintiff.
IT IS SO ORDERED.

December 13, 2013
Columbia, South Carolina

Shiva V. Hodges
United States Magistrate Judge

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