Butler v. Commissioner of Social Security Administration

Filing 33

ORDER granting 31 MOTION for Attorney Fees under EAJA, awarding attorney's fees in the amount of $2,954.50, along with $7.00 for costs and $16.00 for expenses. Signed by Honorable Mary Geiger Lewis on 05/10/2016.(bshr, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA AIKEN DIVISION Willie Butler, ) ) Plaintiff, ) ) v. ) ) Carolyn W. Colvin, ) Commissioner of Social Security, ) ) Defendant. ) ____________________________________ Civil Action No.1:14-cv-1239-MGL ORDER This matter is before the Court on Plaintiff=s Motion, (ECF No. 31), for an Award of Attorney=s Fees pursuant to the Equal Access to Justice Act, (AEAJA@). See 28 U.S.C. ' 2412. The Commissioner filed a response in support of the request. (ECF No. 32). In accordance with Astrue v. Ratliff, 130 S.Ct 2521, 2528-29 (2010), EAJA fees awarded by this Court belong to the litigant, thus subjecting EAJA fees to offset under the Treasury Offset Program (31 U.S.C. ' 3716(c)(3)(B) (2006)) and, therefore, this Court directs fees be payable to the Plaintiff and delivered to Plaintiff’s counsel. Accordingly, IT IS ORDERED that Plaintiff=s motion pursuant to the EAJA, (ECF No. 31), shall be GRANTED and that Plaintiff be awarded attorney’s fees in the amount of $2,954.50, along with $7.00 for costs and $16.00 for expenses. IT IS SO ORDERED. s/Mary G. Lewis United States District Judge May 10, 2016 Columbia, South Carolina

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