West v. Commissioner of Social Security Administration

Filing 32

ORDER granting 28 MOTION for Attorney Fees under the Equal Access to Justice Act, awarding $6,700.00 in attorney's fees. Signed by Honorable J. Michelle Childs on 07/10/2018.(bshr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
AIKEN DIVISION
Albertha H. West,
Plaintiff,
v.
Nancy A. Berryhill, Acting Commissioner
of Social Security Administration,
Defendant.

)
)
)
)
)
)
)
)
)
)
)

Civil Action No.: 1:17-cv-01265-JMC

ORDER

This matter is before the court upon Motion of Plaintiff, through her attorney, Robertson
H. Wendt, Jr. (“Counsel”), for an award of $7,742.15 in attorney’s fees under the Equal Access
to Justice Act (“EAJA”), 28 U.S.C. § 2412, filed on May 18, 2018. (ECF No. 28.) In a Response
filed on May 31, 2018, Defendant notified the court that she does not oppose Plaintiff’s request
for attorney’s fees in the amount listed above. (ECF No. 29.) However, the parties agreed to a
stipulated amount of $6,700.00 in attorney’s fees. (Id.) The court has reviewed Plaintiff’s Motion
and Defendant’s Response and finds the stipulated request for fees reasonable.
In accordance with Astrue v. Ratliff, 560 U.S. 586 (2010), EAJA fees awarded by this
court belong to the litigant and are subject to 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 Counsel 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 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. 29.)

1

For the reasons set forth herein, after a thorough review of Plaintiff’s Motion (ECF No.
28) and Defendant’s Response (ECF No. 29), the court GRANTS Plaintiff’s Motion for
Attorney’s Fees (ECF No. 28), and AWARDS Plaintiff $6,700.00 in attorney’s fees.
IT IS SO ORDERED.

United States District Judge
July 10, 2018
Columbia, South Carolina

2