Jenkins v. Commissioner of Social Security Administration

Filing 31

ORDER granting 28 MOTION for Attorney Fees under EAJA, awarding $4,579.00 in attorney's fees, $16.00 for expenses, and $7.00 for costs. Signed by Honorable J. Michelle Childs on 03/03/2016.(bshr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
AIKEN DIVISION
Dedra Denise Jenkins,

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

Civil Action No. 1:14-cv-04880-JMC

ORDER

This matter is before the court upon motion of Plaintiff, through her attorney, W. Daniel
Mayes (“Counsel”), for an award of attorney’s fees and costs under the Equal Access to Justice
Act (“EAJA”), 28 U.S.C. § 2412(d). (ECF No. 28.) Plaintiff’s motion, filed on February 18,
2016, seeks reimbursement for Counsel’s representation in the captioned matter in the amount of
$4,579.00 in attorney’s fees, $7.00 for costs, and $16.00 for expenses. Defendant’s response to
Plaintiff’s motion (ECF No. 29) demonstrates to the court that she does not oppose Plaintiff’s
request for fees in the amount stated herein. Specifically, Defendant does not object to the
motion and only asks that the stipulated amount of attorney’s fees payable to Plaintiff will be
used to offset any outstanding federal debt the Commissioner determines Plaintiff owes. (Id. at
1–2.)
The court has reviewed Plaintiff’s counsel’s fee petition and finds that Plaintiff is entitled
to an award under the EAJA in the amount of $4,579.00 for attorney’s fees, $16.00 for expenses,
and $7.00 for costs. See 28 U.S.C. §§ 2412(c)(1), 2414; Shalala v. Schaefer, 509 U.S. 292, 302–
03 (1993). 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

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Treasury Offset Program (31 U.S.C. § 3716(c)(3)(B)(2006)) and, therefore, the court directs that
fees be payable to Plaintiff and delivered to Plaintiff’s counsel.
Accordingly, the court GRANTS Plaintiff’s Motion for Attorney’s Fees (ECF No. 28).
IT IS SO ORDERED

United States District Judge
March 3, 2016
Columbia, South Carolina

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