Fuqua v. Commissioner of Social Security Administration

Filing 21

AMENDED ORDER granting 17 Motion for Attorney Fees, awarding $4,250.00 in attorney's fees and costs. Signed by Honorable J. Michelle Childs on 01/26/2018. (bshr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
AIKEN DIVISION
Earl Wayne Fuqua,

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

Civil Action No.: 1:17-cv-00699-JMC

AMENDED ORDER

This matter is before the court on Plaintiff’s Motion for Attorney’s Fees and Costs Pursuant
to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d). (ECF No. 17.) Defendant
responded to Plaintiff’s Motion and the parties agreed to a stipulation that Plaintiff should be
awarded three thousand nine hundred dollars ($3,900.00) in attorney fees and three hundred fifty
dollars ($350.00) in costs. 1 (ECF No. 18.) 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, 589 (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). 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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Costs are paid from the Judgment Fund by the Department of the Treasury, if so ordered by the
Court, pursuant to 31 U.S.C. § 1304. See 28 U.S.C. § 2412(c)(1).
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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. 18 at 1-2.)
After a thorough review of Plaintiff’s Motion and Defendant’s Response, the court
GRANTS Plaintiff’s Motion for Attorney’s Fees (ECF No. 17), and Plaintiff shall be awarded
$4,250.00 in attorney’s fees and costs.
IT IS SO ORDERED.

United States District Judge
January 26, 2018
Columbia, South Carolina

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