Godwin v. Commissioner of the Social Security Administration

Filing 29

ORDER granting 26 Motion for Attorney Fees under the Equal Access to Justice Act (EAJA). The Commissioner shall pay the Plaintiff attorney's fees in the amount of $4,482.57. Signed by Magistrate Judge Thomas E Rogers, III on 1/19/2017.(gnan )

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION
SHERYL E. GODWIN,
Plaintiff,
v.
CAROLYN W. COLVIN,
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

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C/A No.: 4:15-cv-1953-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 has no objection to the requested amount of fees.
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. 26) is granted as outlined herein. The Commissioner
shall pay the Plaintiff attorney’s fees in the amount of $ 4,482.57. 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

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has assigned his right to EAJA fees to his attorney; (2) determines that Plaintiff does not owe a debt that
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
January 19, 2017
Florence, South Carolina

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