Gulli v. Commissioner of Social Security Administration

Filing 44

ORDER granting 40 Motion for Attorney Fees, awarding $3,328.18 in attorney's fees and expenses in the amount of $2.24. Signed by Honorable Donald C. Coggins, Jr. on 05/18/2018.(bshr, )

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
AIKEN DIVISION
Darlene Gulli,
) C/A No. 1:17-cv-00931-DCC
)
Plaintiff,
)
)
vs.
)
)
ORDER
Nancy A. Berryhill, Acting Commissioner of
)
Social Security,
)
)
Defendant. )
_____________________________________
On February 21, 2018, Paul T. McChesney, counsel for Plaintiff, filed a motion for
attorney's fees pursuant to the Equal Access to Justice Act (“EAJA”) ECF No. 40. In the
motion, McChesney requests reimbursement for representation provided in the
above-referenced case in the amount $3,328.18 (representing 5.5 hours of work at a rate
of $187.50 per hour for the attorney’s time and 24.5 hours of work at a rate of $93.75 per
hour for the paralegal’s time) and expenses in the amount of $2.24. Id. On March 7, 2018,
Defendant filed a Response to Counsel's motion, posing no objection. ECF No. 42.
Under the EAJA, a court shall award attorney's fees to a prevailing party in certain
civil actions against the United States unless the court finds that the government's position
was substantially justified or special circumstances make an award unjust. 28 U.S.C.
§ 2412(d)(1)(A). To determine whether the Commissioner was “substantially justified” in
terminating social security benefits and thus whether an award of attorney's fees under the
EAJA is warranted, a court asks whether there was arguably substantial evidence to
support the Commissioner's position. Anderson v. Heckler, 756 F.2d 1011 (4th Cir. 1984).
However, an EAJA attorney's fees award is payable to the litigant and, therefore, is subject

to an offset to satisfy the litigant's pre-existing debt to the Government. Astrue v. Ratliff,
560 U.S. 586, 594 (2010).
After careful consideration of the parties' filings and the applicable legal authority,
the Court concludes that the Commissioner's position was not substantially justified and
that the requested fees should be awarded. As noted, the Commissioner does not object
to Plaintiff's motion for an award of fees.
Therefore, Plaintiff's motion for attorney's fees under the EAJA is granted. The
Commissioner is ordered to award Plaintiff $3,328.18 in attorney’s fees and expenses in
the amount of $2.24. EAJA fees awarded by this Court belong to the Plaintiff and are
subject to offset under the Treasury Offset Program (31 U.S.C. § 3716(c)(3)(B) (2006)).
In the event Plaintiff has no present debt subject to offset and Plaintiff has executed a
proper assignment to Plaintiff’s counsel, Defendant is directed to make the payment due
to Plaintiff’s counsel. If Plaintiff has no debt subject to offset and no proper assignment
has been made by Plaintiff to counsel, Defendant is directed to make the check due
pursuant to this Order payable to Plaintiff and delivered to Plaintiff’s counsel.
IT IS SO ORDERED.
May 18, 2018
Spartanburg, South Carolina

s/ Donald C. Coggins, Jr.
United States District Judge