Godwin v. Commissioner of the Social Security Administration

Filing 36

ORDER granting 33 Motion for Attorney Fees. Signed by Magistrate Judge Thomas E Rogers, III on 06/23/2020.(dsto, )

4:18-cv-00941-TER

Date Filed 06/23/20

Entry Number 36

Page 1 of 2

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION
SHERYL ELIZABETH GODWIN, )
)
Plaintiff,
)
)
v.
)
)
COMMISSIONER OF SOCIAL
)
SECURITY,
)
)
Defendant.
)
)

C/A No.: 4:18-cv-0941-TER

ORDER

This matter is before the Court upon Plaintiff’s Motion for Attorney’s Fees (ECF No. 33)
pursuant to the Equal Access to Justice Act (EAJA), see 28 U.S.C. §2412, in which Plaintiff seeks
attorney’s fees in the amount of $5,795.64 on the basis that she was the prevailing party and that the
position taken by the Commissioner in this action was not substantially justified. The Commissioner
filed a response indicating that he has no objection to the requested amount of fees.
Under the EAJA, a court shall award attorney's fees to a prevailing party in certain civil
actions against the United States, unless it finds that the government's position was substantially
justified or that special circumstances make an award unjust. 28 U.S.C. § 2412(d)(1)(A).
As stated above, the Commissioner does not object to an award of attorney’s fees in the
amount of $5,795.00. Despite the agreement, the court is obligated under EAJA to determine if the
fee is proper. See Design & Prod., Inc. v. United States, 21 Cl. Ct. 145, 152 (1990) (holding that
under the EAJA, “it is the court's responsibility to independently assess the appropriateness and
measure of attorney’s fees to be awarded in a particular case, whether or not an amount is offered
as representing the agreement of the parties in the form of a proposed stipulation.”). The court
concludes that the Commissioner’s position was not substantially justified and the fee request of
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4:18-cv-00941-TER

Date Filed 06/23/20

Entry Number 36

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$5,795.00 is appropriate.
Therefore, Plaintiff’s Motion for Attorney’s Fees (ECF No. 33) is granted, and Plaintiff Sheryl
Elizabeth Godwin is awarded $5,795.00 in attorney’s fees. These attorney’s fees will be paid directly
to Plaintiff and sent to the business address of Plaintiff’s counsel.1
IT IS SO ORDERED.
s/Thomas E. Rogers, III
Thomas E. Rogers, III
United States Magistrate Judge
June 23, 2020
Florence, South Carolina

1

The court notes that the fees must be paid to Plaintiff. See Astrue v. Ratliff, 560 U.S. 586
(2010) (holding that the plain text of the EAJA requires that attorney's fees be awarded to the
litigant, thus subjecting the EAJA fees to offset of any pre-existing federal debts); see also
Stephens v. Astrue, 565 F.3d 131, 139 (4th Cir. 2009) (holding the same).
2