Irby v. Commissioner of the Social Security Administration

Filing 21

ORDER granting 18 Motion for Attorney Fees, and the Commissioner is ordered to award Plaintiff $4,140.57. Signed by Honorable Terry L Wooten on 12/11/2019.(gnan )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION
Civil Action No. 4:17-02978-TLW

Joann Irby,
Plaintiff,

ORDER

v.
Andrew Saul, Commissioner of Social
Security Administration,
Defendant.

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. 18.
The Commissioner filed a notice that the government does not object to EAJA fees in the amount
of four thousand one hundred forty dollars and fifty-seven cents ($4,140.57) in EAJA fees. ECF
No. 19. The attorney’s fees are based upon an entry of judgment reversing the Commissioner’s
decision and remanding for further administrative action.
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
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).

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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 the amounts of $4,140.57, to be offset by the amount of Plaintiff’s pre-existing federal debts.
See Astrue, 560 U.S. at 594.
Having reviewed the filings and being fully advised, it is ORDERED that the motion for
attorney’s fees under the EAJA, 28 U.S.C. § 2412, ECF No. 18, is GRANTED, and the
Commissioner is ordered to award Plaintiff $4,140.57, offset by Plaintiff’s 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
December 11, 2019
Columbia, South Carolina

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