Ellison v. Commissioner of the Social Security Administration

Filing 33

ORDER granting 29 Motion for Attorney Fees under EAJA in the stipulated amount of $5,500.00. Signed by Honorable J Michelle Childs on 3/31/2017.(gnan )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA FLORENCE DIVISION JASON ELLISON, ) ) Plaintiff, ) ) v. ) ) Nancy A. Berryhill, Acting ) Commissioner of Social Security, ) ) Defendant. ) ____________________________________) Civil Action No. 4:15-cv-1196-JMC ORDER This matter is before the court on motion for entry of an order on payment of attorney’s fees pursuant to the Equal Access to Justice Act (“EAJA”). See 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 Three Hundred and Thirty-Five dollars and Sixty-Eight cents ($6,335.68) in attorney’s fees. The Commissioner 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. 30.) Per the joint stipulation, the parties have agreed to stipulate that an amount of Five Thousand and Five Hundred Dollars ($5,500.00) in attorney’s fees under the EAJA is reasonable in this case. (ECF No. 30.) 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 $5,500.00 in attorney’s fees. 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 Plaintiff and delivered to Plaintiff's counsel. IT IS SO ORDERED. J. Michelle Childs United States District Judge March 31, 2017 Columbia, SC

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