Barber v. Commissioner of Social Security Administration

Filing 18

ORDER granting 16 MOTION for Attorney Fees Under EAJA, awarding $4,000.00 in fees. Signed by Magistrate Judge Shiva V. Hodges on 11/17/2021.(bshr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Joseph B., 1
Plaintiff,
vs.
Kijakazi, 2

Kilolo
Commissioner of Social Security
Administration,
Defendant.

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C/A No.: 1:21-1441-JMC-SVH

ORDER

This matter is before the court on Plaintiff’s motion for attorney fees
under the Equal Access to Justice Act, 28 U.S.C. § 2412 (“EAJA”). [ECF No.
16]. On October 15, 2021, the court issued an order granting the
Commissioner’s

motion

to

remand,

reversing

the

decision

of

the

Commissioner pursuant to sentence four of 42 U.S.C. § 405(g), and
remanding the action for further administrative proceedings. [ECF No. 14].
On November 12, 2021, Plaintiff filed this motion seeking $4,000 in attorney
fees. [ECF No. 16]. The Commissioner subsequently filed the parties’
stipulation to the $4,000 attorney fee. [ECF No. 17]. Given the parties’
The Committee on Court Administration and Case Management of the
Judicial Conference of the United States has recommended that, due to
significant privacy concerns in social security cases, federal courts should
refer to claimants only by their first names and last initials.
2 Kilolo Kijakazi became the Acting Commissioner of Social Security on July
9, 2021. Pursuant to Fed. R. Civ. P. 25(d), she is substituted for former
Commissioner Andrew Saul as the defendant in this action.
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agreement, Plaintiff’s counsel’s representations in her motion, and in
accordance with 28 U.S.C. § 2412(d), the court grants the motion and directs
the Commissioner to pay Plaintiff $4,000. This payment shall constitute a
complete release from and bar to any further claims that Plaintiff may have
under the EAJA to fees, costs, and expenses incurred in connection with
disputing the Commissioner’s decision. This award is without prejudice to the
rights of Plaintiff’s counsel to seek attorney fees under section 206(b) of the
Social Security Act, 42 U.S.C. § 406(b), subject to the offset provisions of the
EAJA.
Under Astrue v. Ratliff, 560 U.S. 586, 595–97 (2010), EAJA fees
awarded by this court belong to Plaintiff and are subject to offset under the
Treasury Offset Program (31 U.S.C. § 3716(c)(3)(B) (2006)). Therefore, the
court orders the EAJA fee be paid to Plaintiff through payment delivered to
Plaintiff’s counsel. 3
IT IS SO ORDERED.
November 17, 2021
Columbia, South Carolina

Shiva V. Hodges
United States Magistrate Judge

Plaintiff’s counsel may disburse these funds to satisfy valid liens or in
accordance with a lawful assignment.
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