Kerr v. Commissioner of Social Security Administration

Filing 21

ORDER granting 18 Motion for Attorney Fees, awarding attorney fees in the amount of $5,000.00. Signed by Magistrate Judge Shiva V. Hodges on 09/29/2015.(bshr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Donald Gene Kerr,
Plaintiff,
vs.
Commissioner of Social Security
Administration,
Defendant.

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C/A No.: 1:15-29-SVH

ORDER

This matter is before the court on Plaintiff’s motion for attorney’s fees. [ECF No.
18]. The parties consented to the undersigned’s disposition of this case [ECF No. 7], and
on January 8, 2015, the matter was referred to the undersigned by order of the Honorable
Bruce Howe Hendricks [ECF No. 8]. On September 11, 2015, the court reversed the
Commissioner’s decision denying Plaintiff’s claims for Disability Insurance Benefits and
Supplemental Security Income and remanded the case to the Commissioner for further
proceedings. [ECF No. 16]. Plaintiff then filed and documented a request totaling $5,000
for fees, costs, and expenses pursuant to the Equal Access to Justice Act, 28 U.S.C. §
2412 (“the EAJA”). [ECF No. 18]. The Commissioner filed a response that reflected the
parties’ stipulation to the $5,000 attorney’s fee. [ECF No. 19]. Accordingly, the court
grants the motion and directs the Commissioner to pay Plaintiff the sum of $5,000. 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
made payable to Plaintiff and mailed to the business address of Plaintiff’s counsel.1
IT IS SO ORDERED.

September 29, 2015
Columbia, South Carolina

Shiva V. Hodges
United States Magistrate Judge

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Plaintiff’s counsel may disburse these funds to satisfy valid liens or in accordance with
a lawful assignment.
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