Altman v. Commissioner of Social Security Administration

Filing 20

ORDER granting 16 MOTION for Attorney Fees pursuant to EAJA, awarding $2,776.29 in attorney's fees and $400.00 in expenses. Signed by Honorable Mary Geiger Lewis on 05/25/2017.(bshr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
AIKEN DIVISION
STEVEN DOUGLAS ALTMAN,
Plaintiff,
vs.
NANCY A. BERRYHILL,
Acting Commissioner of Social Security,
Defendant.

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CIVIL ACTION NO. 1:16-cv-2959-MGL
ORDER

This matter is before the Court on Plaintiff’s Motion for Attorney’s Fees and Costs under
the Equal Access to Justice Act (EAJA) filed on May 22, 2017. See 28 U.S.C. § 2412. Plaintiff
requests an award of $2,756.25 in attorney’s fees and $420.04 in expenses. Defendant does not
object to Plaintiff’s request for a total award of $3.176.29, with $2,776.29 in attorney’s fees and
$400.00 in expenses.1
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,

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Defendant notes Plaintiff seeks $20.04 for certified mailing fees as “costs,” but certified
mailing fees are a form of postage and are considered “expenses” under the EAJA. See 28
U.S.C. §§ 2412(d)(2)(A), 2412(d)(2)(4). Plaintiff’s request for certified mailing fees will
therefore be included in the amount of attorney’s fees awarded rather than expenses.

IT IS ORDERED that Plaintiff’s motion under the EAJA is granted in the amount of
$2,776.29 in attorney’s fees and $400.00 in expenses.
IT IS SO ORDERED.
s/ Mary Geiger Lewis
MARY GEIGER LEWIS
UNITED STATES DISTRICT JUDGE
Dated: May 25, 2017
Columbia, South Carolina

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