Williams v. Commissioner of Social Security Administration

Filing 31

ORDER granting 28 Motion for Attorney Fees. Signed by Honorable Timothy M Cain on 8/12/2014.(cwil, )

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

Exzerra Lashawn Williams,

)
)
Plaintiff, )
)
v.
)
)
Carolyn W. Colvin, Acting
)
Commissioner of Social Security
)
Administration,1
)
)
Defendant. )

C/A No. 1:13-0070-TMC

ORDER

On July 25, 2014, Plaintiff Exzerra Lashawn Williams (“Williams”) filed a motion for
attorney's fees pursuant to the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412, on the basis
that she was the prevailing party and the position taken by the Commissioner in this action was not
substantially justified. (ECF No.28). The Commissioner responded on August 4, 2014, stating that
the parties have agreed to an award of $3,132.01 for attorney’s fees. (ECF No. 29).
In light of the Court's prior remand of this matter, and in the absence of any contention by
the Commissioner that her position was substantially justified or that special circumstances exist that
would render an award of attorney's fees unjust, the Court concludes that the Plaintiff is entitled to
an award of attorney's fees under the EAJA in the amount agreed upon by the parties. Accordingly,
Williams’ motion for attorney’s fees (ECF No. 28) is GRANTED, and Williams is awarded

1

Carolyn W. Colvin became the Acting Commissioner of the Social Security
Administration on February 14, 2013. Pursuant to Fed.R.Civ.P.25(d), Colvin should be
substituted for Michael J. Astrue as the Defendant in this action.

$3,132.01 in attorney’s fees.2
IT IS SO ORDERED.

s/Timothy M. Cain
United States District Judge
August 12, 2014
Anderson, South Carolina

2

The court notes that the fees must be paid to Plaintiff. See Astrue v. Ratliff, 560 U.S. 586
(2010) (holding that the plain text of the EAJA requires that attorney’s fees be awarded to the
litigant, thus subjecting EAJA fees to offset of any pre-existing federal debts); see also Stephens
v. Astrue, 565 F.3d 131, 139 (4th Cir. 2009) (same).
2