Edmunds v. Commissioner of the Social Security Administration

Filing 33

ORDER granting 31 Motion for Attorney Fees: Plaintiff is entitled to an award of attorney's fees under the EAJA in the stipulated amount of $3,819.63.The court directs that fees be payable to Plaintiff and delivered to Plaintiff's counsel. Signed by Honorable J Michelle Childs on 9/30/2014.(gnan )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION
Margaret P. Edmunds,

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Plaintiff,
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v.
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Carolyn W. Colvin, Acting Commissioner )
of the Social Security Administration,
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Defendant.
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Civil Action. No.: 4:13-cv-01073-JMC

ORDER

This matter is before the court upon motion of Plaintiff, through his attorney, Beatrice E.
Whitten, for an award of attorney’s fees under the Equal Access to Justice Act (“EAJA”), 28 U.S.C.
§ 2412. (ECF No. 31). Plaintiff’s motion seeks reimbursement for his counsel’s representation in
the captioned matter in the amount of $4,228.82 in attorney’s fees. Defendant’s response to
Plaintiff’s motion (ECF No. 32) notifies the court that the parties, through counsel, have agreed to
a reduced award of $3,819.63 in attorney fees.
The court has reviewed Plaintiff’s counsel’s fee petition and the signed fee agreement that
was submitted with the petition, and finds the parties stipulated request for fees reasonable.
Therefore, Plaintiff is entitled to an award of attorney’s fees under the EAJA in the stipulated amount
of $3,819.63. See 28 U.S.C. §§ 2412(c)(1) and 2414.
In accordance with Astrue v. Ratliff, 130 S. Ct. 2521, 2528-29 (2010), EAJA fees awarded
by this court belong to the litigant, thus subjecting EAJA fees to offset under the Treasury Offset
Program (31 U.S.C. § 3716(c)(3)(B) (2006)) and, therefore, the court directs that fees be payable to

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Plaintiff and delivered to Plaintiff's counsel.

IT IS SO ORDERED.

United States District Judge

September 30, 2014
Columbia, South Carolina

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