Jefferies v. Commissioner of Social Security Administration
Filing
23
ORDER granting 20 Motion for Attorney Fees, awarding attorney's fees in the amount of $3,585.31 and $20.01 in expenses. Signed by Honorable Bruce Howe Hendricks on 08/14/2018.(bshr, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
AIKEN DIVISION
Partheane Jefferies,
Plaintiff,
v.
Nancy A. Berryhill, Acting Commissioner
of the Social Security Administration,
Defendant.
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Civil Action No. 1:17-1821-BHH
ORDER
This matter is before the Court upon Plaintiff’s motion for attorney’s fees pursuant
to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412. In the motion, Plaintiff
seeks attorney’s fees in the amount of $3,585.31, representing 6.5 attorney hours at the
hourly rate of $192.50 and 24.25 paralegal hours at the hourly rate of $96.25, plus
$20.01 in expenses.
On August 6, 2018, Defendant filed a response to Plaintiff’s
motion, notifying the Court that Defendant does not object to Plaintiff’s request.
Attorney’s fees may be awarded pursuant to EAJA where the government’s
position is not substantially justified.
The substantial justification test is one of
reasonableness in law and fact. See Pierce v. Underwood, 487 U.S. 552, 565 (1988).
The district court has broad discretion to set the attorney fee amount. “[A] district court
will always retain substantial discretion in fixing the amount of an EAJA award.
Exorbitant, unfounded, or procedurally defective fee applications . . . are matters that
the district court can recognize.” Hyatt v. North Carolina Dep’t of Human Res., 315 F.3d
239, 254 (4th Cir. 2002) (citing Comm’r v. Jean, 496 U.S. 154, 163 (1990)). Moreover,
the court should not only consider the “position taken by the United States in the civil
action,” but also the “action or failure to act by the agency upon which the civil action is
based.” 28 U.S.C. § 2412(d)(2)(D), as amended by P.L. 99-80, § 2(c)(2)(B).
After consideration, it is hereby
ORDERED that Plaintiff’s motion (ECF No. 20) is granted, and Plaintiff is
awarded attorney’s fees in the amount of $3,585.31 pursuant to EAJA made payable to
Plaintiff and delivered to the business address of Plaintiff’s counsel.1 Plaintiff’s counsel
is also awarded $20.01 in expenses.
IT IS SO ORDERED.
/s/Bruce H. Hendricks
The Honorable Bruce Howe Hendricks
United States District Judge
August 14, 2018
Charleston, South Carolina
1
As the Supreme Court made clear in Astrue v. Ratliff, attorney’s fees under EAJA are made payable
to the prevailing litigant and not to the litigant’s attorney. 560 U.S. 586, 598 (2010) (holding that the plain text
of EAJA requires that attorney’s fees be awarded to the litigant, thus subjecting EAJA fees to an offset of any
pre-existing federal debts).
2
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