Palestro v. Commissioner of Social Security Administration
Filing
29
ORDER granting 24 Motion for Attorney Fees, awarding $1,579.32 in attorney fees, $20.68 in expenses, and $400.00 in costs. Signed by Honorable Mary Geiger Lewis on 04/06/2017.(bshr, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
AIKEN DIVISION
FRANK PALESTRO,
Plaintiff,
vs.
NANCY A. BERRYHILL,
Acting Commissioner of Social Security,
Defendant.
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CIVIL ACTION NO. 1:16-cv-707-MGL
ORDER
This matter is before the Court on the parties’ joint Stipulation for an Award of Attorney’s
Fees Pursuant to the Equal Access to Justice Act (EAJA) (ECF No. 28) informing the Court of
their agreement to stipulate to an award of One Thousand Five Hundred Seventy-Nine Dollars and
Thirty-Two Cents ($1,579.32) in attorney’s fees, Twenty Dollars and Sixty-Eight Cents ($20.68)
in expenses, and Four Hundred Dollars ($400.00) in costs.
In accordance with Astrue v. Ratliff, 130 S. Ct. 2521, 2528-29 (2010), EAJA fees awarded
by the Court belong to the litigant, thus subjecting EAJA fees to offset under the Treasury Offset
Program, 31 U.S.C. ' 3716(c)(3)(B), and, therefore, the Court directs fees be payable to the
Plaintiff and delivered to Plaintiff’s counsel. Accordingly,
IT IS ORDERED that the stipulation for attorney’s fees is granted in the amount of One
Thousand Five Hundred Seventy-Nine Dollars and Thirty-Two Cents ($1,579.32) in attorney fees
($1,579.32), Twenty Dollars and Sixty-Eight Cents ($20.68) in expenses, and Four Hundred
Dollars ($400.00) in costs.
IT IS SO ORDERED.
s/Mary Geiger Lewis_________
MARY GEIGER LEWIS
United States District Judge
Dated: April 6, 2017
Columbia, South Carolina
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