Gibson v. Commissioner of Social Security Administration
ORDER granting 24 Motion for Attorney Fees per Rule 406b awarding attorney fees in the amount of $5,500 and costs of $400.00. Signed by Magistrate Judge Shiva V. Hodges on 02/23/2017.(bshr, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Vernanza C. Gibson,
Commissioner of Social Security
C/A No.: 1:16-664-SVH
This matter is before the court on Plaintiff’s motion for attorney’s fees. [ECF No.
24]. The parties consented to the undersigned’s disposition of this case. [ECF No. 8], and
on July 14, 2016, the matter was referred to the undersigned by order of the Honorable
Bruce Howe Hendricks [ECF No. 9]. On December 13, 2016, the court reversed the
Commissioner’s decision that had denied Plaintiff’s claims for Disability Insurance
Benefits and Supplemental Security Income. [ECF No. 22]. Plaintiff then filed and
documented a request totaling $6,490 for fees, costs, and expenses pursuant to the Equal
Access to Justice Act, 28 U.S.C. § 2412 (“the EAJA”). [ECF No. 24]. The Commissioner
filed a stipulation by and between the parties to an attorney fee of $5,500 and costs of
$400. [ECF No. 25]. Accordingly, the court grants Plaintiff’s motion and directs the
Commissioner to pay Plaintiff the stipulated sum of $5,900. 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.
February 23, 2017
Columbia, South Carolina
Shiva V. Hodges
United States Magistrate Judge
Plaintiff’s counsel may disburse these funds to satisfy valid liens or in accordance with
a lawful assignment.
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