Cobbs v. Commissioner of Social Security Administration

Filing 30

ORDER granting 27 First MOTION for Attorney Fees Under EAJA, awarding $2,887.96 in fees. Signed by Honorable J. Michelle Childs on 09/13/2016.(bshr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
AIKEN DIVISION
Odell Cobbs,
Plaintiff,
v.
Carolyn W. Colvin, Commissioner of the
Social Security Administration,
Defendant.

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Civil Action No. 1:15-cv-01972-JMC

ORDER

This matter is before the court upon motion by Plaintiff, through his attorney, Beatrice E.
Whitten, for an award of attorney’s fees under the Equal Access to Justice Act, 28 U.S.C. §
2412(d). On June 29, 2016, Plaintiff filed a Motion for Attorney’s Fees and Costs [ECF No. 27]
pursuant to 28 U.S.C. § 2412(d), seeking reimbursement for Counsel’s representation in the
captioned matter in the amount of $2,887.96 in fees at $187.53.00 per hour. Defendant’s
Response to Plaintiff’s Motion for Attorney’s Fees [ECF No. 28] notifies the court that she does
not oppose Plaintiff’s request for fees in the amount stated herein pursuant to 42 U.S.C. § 2412.
The court has reviewed Plaintiff’s Motion for Attorney’s Fees [ECF No. 27] and
Defendant’s Response to Plaintiff’s Motion for Attorney’s Fees [ECF No. 28] and finds the fees
reasonable.
Therefore, Plaintiff is entitled to an award of attorney’s fees under the Equal Access to
Justice Act in the amount of $2,887.96.
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, the court directs that
fees be payable to Plaintiff and Delivered to Plaintiff’s counsel.
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IT IS SO ORDERED.

United States District Judge
September 13, 2016
Columbia, South Carolina

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