Cercoply v. Commissioner of the Social Security Administration

Filing 36

ORDER granting 29 Motion for Attorney Fees: Plaintiff is entitled to an award of attorney's fees under the EAJA in the stipulated amount of $6,200.00 in attorney's fees. The award of attorney's fees in the amount of $6,200.00 and the award for reimbursement of court costs in the amount of $400.00 shall be paid under the EAJA. Signed by Magistrate Judge Thomas E Rogers, III on 1/18/2017.(gnan, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION

NORMAN J. CERCOPLY,

Plaintiff,
vs.
CAROLYN W. COLVIN, ACTING
COMMISSIONER OF
SOCIAL SECURITY,
Defendant.

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CIVIL ACTION NO. 4:15-00729-TER

ORDER

This matter is before the court upon motion of Norman Cercoply (“Plaintiff”) through his
attorney, Robertson H. Wendt, Jr., for an award of attorney’s fees under the Equal Access to
Justice Act (“EAJA”), 28 U.S.C. § 2412. (ECF No. 29). Plaintiff’s motion seeks reimbursement
for Counsel’s representation in the above-captioned matter in the amount of Six Thousand Nine
Hundred Thirty-Four Dollars and 86/100 ($6,934.86) in attorney’s fees and Four Hundred
Dollars ($400.00) in costs. See 28 U.S.C. §§2412(c)(1), 2414. Defendant did not file a response
to Plaintiff’s motion. However, the parties filed a joint stipulation indicating that the parties
have conferred and agree on the amount of attorney’s fees Plaintiff will receive. (ECF No. 33).
Pursuant to the EAJA, 28 U.S.C. §2412(d), and in the interest of judicial economy, the parties
have agreed to stipulate to an award of Six Thousand and Two Hundred Dollars ($6,200.00) in
attorney fees and Four Hundred Dollars ($400.00) in costs. See U.S.C. §§ 2412(c)(1), 2414.
(ECF No. 33).
The court has reviewed Counsel’s fee petition and the joint stipulation that was submitted
by the parties and finds Counsel’s stipulated request for fees reasonable.

Therefore, Plaintiff is entitled to an award of attorney’s fees under the EAJA in the
stipulated amount of $6,200.00 in attorney’s fees. The award of attorney’s fees in the amount of
$6,200.00 and the award for reimbursement of court costs in the amount of $400.00 shall be paid
under the EAJA.
In accordance with Astrue v. Ratliff, 560 U.S. 586, 596-97 (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)(A)(i)) and, therefore, the court directs that fees be payable to
Plaintiff and delivered to Plaintiff’s counsel.
IT IS SO ORDERED.

s/Thomas E. Rogers, III
Thomas E. Rogers, III
United States Magistrate Judge
January 18, 2017