Altman v. Commissioner of Social Security Administration

Filing 22

ORDER granting 16 MOTION for Attorney Fees pursuant to EAJA, awarding $2,756.25 in attorney's fees, $400.00 in costs, and $20.04 in expenses. Signed by Honorable Mary Geiger Lewis on 05/25/2017. (bshr, )

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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. § § § § § § § § § 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 $2,756.25 in attorney’s fees, $400.00 in costs, and $20.04 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, 1 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 expenses rather than costs. IT IS ORDERED that Plaintiff’s motion under the EAJA is granted in the amount of $2,756.25 in attorney’s fees, $400.00 in costs, and $20.04 in expenses. IT IS SO ORDERED. s/ Mary Geiger Lewis MARY GEIGER LEWIS UNITED STATES DISTRICT JUDGE Dated: May 25, 2017 Columbia, South Carolina 2

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