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, )

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.

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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