Malone v. Commissioner of Social Security Administration

Filing 31

ORDER granting 28 Motion for Attorney Fees, awarding fees in the amount of $3,739.31. Signed by Honorable Mary Geiger Lewis on 01/04/2017.(bshr, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA AIKEN DIVISION MICHAEL LEE MALONE, Plaintiff, vs. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant. § § § § § § § § § CIVIL ACTION NO. 1:15-cv-4878-MGL ORDER This matter is before the Court on Plaintiff’s Motion for Attorney’s Fees under the Equal Access to Justice Act (EAJA) filed on November 29, 2016. See 28 U.S.C. § 2412. Plaintiff requests an award of $3,739.31 in attorney’s fees. Defendant does not object to Plaintiff’s request. In accordance with Astrue v. Ratliff, 560 U.S. 586, 595-98 (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 Plaintiff and delivered to Plaintiff’s counsel. Accordingly, IT IS ORDERED that Plaintiff’s motion under the EAJA is granted in the amount of $3,739.31 in attorney’s fees. IT IS SO ORDERED. s/ Mary Geiger Lewis MARY GEIGER LEWIS UNITED STATES DISTRICT JUDGE Dated: January 4, 2017 Columbia, South Carolina

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