Williams v. Commissioner of the Social Security Administration

Filing 30

ORDER granting 27 Motion for Attorney Fees under the EAJA, and the Commissioner is ordered to award Plaintiff $4,313.19. Signed by Honorable Terry L Wooten on 4/2/2019.(gnan )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION
Nathashia Lee Williams,

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Plaintiff,
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v.
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Nancy A. Berryhill, Acting Commissioner )
of Social Security,
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Defendant.
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____________________________________ )

Civil Action No.: 4:17-cv-1475-TLW
ORDER

This matter is before the Court for review of Counsel for Plaintiff’s motion for attorney’s
fees and costs pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412. ECF No. 27.
The Commissioner filed a notice that the government does not object to EAJA fees in the amount
of four thousand three hundred and thirteen dollars and nineteen cents ($4,313.19) in attorney’s
fees. ECF No. 28.
Under the EAJA, a court shall award attorney’s fees to a prevailing party in certain civil
actions against the United States unless the court finds that the government’s position was
substantially justified or special circumstances make an award unjust. 28 U.S.C. § 2412(d)(1)(A).
To determine whether the Commissioner was “substantially justified” in denying social security
benefits and thus whether an award of attorney’s fees under the EAJA is warranted, the court asks
whether there was arguably substantial evidence to support the Commissioner’s position.
Anderson v. Heckler, 756 F.2d 1011 (4th Cir. 1984). An EAJA attorney’s fees award is payable to

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the litigant and, therefore, is subject to an offset to satisfy the litigant’s pre-existing debt to the
Government. Astrue v. Ratliff, 560 U.S. 586, 594 (2010).
After careful consideration of the record and the applicable legal authority, the Court
concludes that the requested fees should be awarded. As noted, the Commissioner does not object
to an amount of $4,313.19, to be offset by the amount of Plaintiff’s pre-existing federal debts. See
Astrue, 560 U.S. at 594.
Having reviewed the file and being fully advised, it is ORDERED that the motion for
attorney’s fees under the EAJA, 28 U.S.C. § 2412, ECF No. 27, is GRANTED, and the
Commissioner is ordered to award Plaintiff $4,313.19, offset by her pre-existing federal debts, for
all legal services rendered on behalf of Plaintiff by counsel in connection with this civil action.
IT IS SO ORDERED.
s/Terry L. Wooten
Terry L. Wooten
Senior United States District Judge

April 2, 2019
Columbia, South Carolina

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