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, )

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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. § § § § § § § § § 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 2

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