Wilkins v. Commissioner of Social Security

Filing 28

ORDER granting 26 Motion for Attorney Fees, awarding $4,644.66 in attorney's fees pursuant to EAJA. Signed by the Honorable R. Bryan Harwell on 03/10/2014.(bshr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
AIKEN DIVISION
Donald Wilkins,

)
)
Plaintiff,
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v.
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Carolyn W. Colvin, Acting Commissioner )
of Social Security,
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)
Defendant.
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____________________________________)

C/A No.: 1:12-cv-3352-RBH

ORDER

On February 24, 2014, the plaintiff filed a motion for attorney’s fees pursuant to the Equal
Access to Justice Act (“EAJA”), 42 U.S.C. § 2412, on the basis that the position taken by the defendant
in this action was not substantially justified. Defendant filed a response on March 5, 2014, in which
she does not object to the amount requested. The Commissioner further asserts pursuant to Astrue v.
Ratliff, 560 U.S. 586 (2010) that fees awarded should be paid to the prevailing party and not the
attorney and would be subject to offset under the Treasury Offset Program if the plaintiff owes a debt
to the government at the time the EAJA fees are awarded.
Based on the foregoing and after considering the briefs and materials submitted by the parties,
the court orders the defendant to pay the sum of $4,644.66 in attorney’s fees pursuant to EAJA. The
payment shall be made to the claimant, and the check shall be mailed to the office of his attorney.
IT IS SO ORDERED.
s/ R. Bryan Harwell
R. Bryan Harwell
United States District Judge
March 10, 2014
Florence, South Carolina