Lee v. Commissioner of Social Security Administration

Filing 23

ORDER granting 21 MOTION for Attorney Fees Pursuant to the Equal Access to Justice Act 28 U.S.C. 2412, awarding $4,750.00 in attorney's fees. Signed by Honorable Mary Geiger Lewis on 04/07/2017.(bshr, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA AIKEN DIVISION PAVELLE MICHELLE LEE, Plaintiff, vs. NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) ) Civil Action No. 1:16-cv-2429-MGL ORDER This matter is before the Court on Plaintiff=s Motion for an Award of Attorney=s Fees pursuant to the Equal Access to Justice Act (EAJA) filed March 27, 2017. See 28 U.S.C. ' 2412. The parties filed a joint Stipulation for an Award of Attorney’s Fees Pursuant to the EAJA informing the Court of their agreement to stipulate to an award of $4,750 in attorney’s fees. In accordance with Astrue v. Ratliff, 130 S. Ct 2521, 2528-29 (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 pursuant to the EAJA is GRANTED in the amount of $4,750 in attorney’s fees. s/ Mary Geiger Lewis Mary Geiger Lewis United States District Judge April 7, 2017 Columbia, South Carolina

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