Vinson v. Commissioner of the Social Security Administration

Filing 25

ORDER granting Plaintiff's 22 Motion for Attorney Fees under the EAJA. The Commissioner shall pay the Plaintiff's attorney's fees in the amount of $2,800.00. Signed by Magistrate Judge Thomas E Rogers, III on 8/18/2015.(gnan )

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
Luanne Mann Vinson,

)
)
Plaintiff,
)
)
vs.
)
)
CAROLYN COLVIN, ACTING
)
COMMISSIONER OF THE SOCIAL
)
SECURITY ADMINISTRATION,
)
)
Defendants. )
____________________________________)

C/A NO.: 4:14-CV-3754-TER

ORDER

This matter is before the Court upon motion of Plaintiff's counsel for attorney’s fees pursuant
to the Equal Access to Justice Act (EAJA). See 28 U.S.C. §2412. The Commissioner filed a response
indicating that she does not object to the requested amount of attorneys fee ($ 2,800.00).
Upon review of the material submitted to the court and finding the fees to be reasonable, the
Plaintiff's Motion for Attorney’s Fees (ECF No. 22) is granted as outlined herein. The Commissioner
shall pay the Plaintiff attorney’s fees in the amount of $ 2,800.00 for attorney’s fees. Payment of the
fees noted herein shall constitute a complete release from and bar to any and all claims plaintiff may
have relating to EAJA fees in connection with this action. This award is without prejudice to the right
of Plaintiff to seek attorney fees under Section 406(b) of the Social Security Act, subject to the offset
provisions of the EAJA.
Pursuant to Astrue v. Ratliff, 560 U.S. 586, 596-98 (2010), 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). Any EAJA fees should therefore be awarded to Plaintiff and not to Plaintiff’s
attorney. If, after receiving the Court’s EAJA fee order, the Commissioner (1) determines that Plaintiff
has assigned his right to EAJA fees to his attorney; (2) determines that Plaintiff does not owe a debt that

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is subject to offset under the Treasury Offset Program, and (3) agrees to waive the requirements of the
Anti-Assignment Act, then the EAJA fees will be made payable to Plaintiff’s attorney. However, if there
is a debt owed under the Treasury Offset Program, the Commissioner cannot agree to waive the
requirements of the Anti-Assignment Act, and the remaining EAJA fees after offset will be paid by a
check made out to Plaintiff but delivered to Plaintiff’s attorney.

IT IS SO ORDERED.
s/ Thomas E. Rogers, III
Thomas E. Rogers, III
United States Magistrate Judge
August 18, 2015
Florence, SC

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