Cox v. Commissioner of the Social Security Administration

Filing 33

ORDER granting #31 Motion for Attorney Fees under EAJA in the amount of $6,400.00. Signed by Magistrate Judge Thomas E Rogers, III on May 1, 2017.(gnan )

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION
THEODORE M. COX,
Plaintiff,
v.
NANCY A. BERRYHILL,
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.

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C/A No.: 4:15-cv-3265-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. 31) is GRANTED as outlined herein. The
Commissioner shall pay the Plaintiff attorney’s fees in the amount of $ 6,400.00. 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 attorney1 ; (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
May 1, 2017
Florence, South Carolina

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As evidenced by the Attorney Fee Agreement signed by Plaintiff, Plaintiff has agreed to
assign to his attorney “all attorney’s fees and expenses awarded by the federal court under EAJA. If
the United States government sends a check for EAJA attorney’s fees and costs to attorney, made
payable to Claimant, Claimant agrees to endorse the check with a reasonable period of time after a
request by Attorney to do so, and Claimant hereby authorizes Attorney to deposit the endorsed check
in Attorney’s operating account.” See Attorney Fee Agreement (Ex. to Pl. Motion).

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