Devore v. Commissioner of Social Security Administration

Filing 23

ORDER granting 19 MOTION for Attorney Fees under the EAJA, awarding $4,077.77 in attorney's fees. Signed by Honorable J. Michelle Childs on 10/06/2017.(bshr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
AIKEN DIVISION
James Ernest Devore, Jr.,

)
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Plaintiff,
)
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v.
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Nancy A. Berryhill, Acting
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Commissioner of Social Security
)
)
Administration, 1
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Defendant.
)
____________________________________)

Civil Action No.: 1:16-cv-03659-JMC

ORDER

This matter is before the court on Plaintiff James Ernest Devore, Jr.’s (“Plaintiff”) Motion
for Attorney’s Fees under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d). (ECF
No. 19.) In a Response, filed on August 10, 2017, Defendant Nancy A. Berryhill (“Defendant”)
agreed that Plaintiff should be awarded $4,077.77 in attorney’s fees. (ECF No. 21 at 1.) After
reviewing Plaintiff’s Motion and Defendant’s Response, the court finds that the stipulated request
for fees is reasonable.
In accordance with Astrue v. Ratliff, 560 U.S. 586 (2010), EAJA fees awarded by this court
belong to the litigant, thus subjecting EAJA fees to be offset under the Treasury Offset Program
(31 U.S.C. § 3716(c)(3)(B) (2006)). Therefore, the court directs that fees be payable to Plaintiff
and delivered to Plaintiff’s counsel. The amount of attorney’s fees payable to Plaintiff will be the
balance of stipulated attorney’s fees remaining after subtracting the amount of Plaintiff’s
outstanding federal debt. If Plaintiff’s outstanding federal debt exceeds the amount of attorney’s

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Pursuant to Federal Rule of Civil Procedure 25(d), Nancy A. Berryhill is substituted for Carolyn
Colvin as the named defendant because she became the Acting Commissioner of Social Security
on January 23, 2017.
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fees under the stipulation, the stipulated amount will be used to offset Plaintiff’s federal debt and
no attorney’s fees shall be paid. (See ECF No. 21.)
After a thorough review of Plaintiff’s Motion (ECF No. 19) and Defendant’s Response
(ECF No. 21), the court GRANTS Plaintiff’s Motion for Attorney’s Fees (ECF No. 19), and
Plaintiff shall be awarded $4,077.77 in attorney’s fees.

IT IS SO ORDERED.

United States District Judge
October 6, 2017
Columbia, South Carolina

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