Logan v. Commissioner of the Social Security Administration

Filing 28

ORDER granting 24 Motion for Attorney Fees under the EAJA, 28 U.S.C. § 2412, and the Commissioner is ordered to award Plaintiff $5,300.00, offset by his pre-existing federal debts. Signed by Honorable Terry L Wooten on 6/4/2019.(gnan )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
GREENVILLE DIVISION
Civil Action No. :18-cv-01533-TLW

Brian Harold Logan,
Plaintiff,

ORDER

v.
Nancy A. Berryhill, Acting 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. 24.
The Commissioner filed a stipulation to an award of EAJA fees in the amount of five thousand
three hundred dollars ($5,300.00). ECF No. 25. The attorney’s fees are based upon a remand to
the Commissioner for further administrative action in this case.
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).
After careful consideration of the record and the applicable legal authority, the Court
concludes that the requested fees should be awarded. As noted, the parties have stipulated to the
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amount of $5,300.00, 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. 24, is GRANTED, and the
Commissioner is ordered to award Plaintiff $5,300.00, offset by his 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
June 4, 2019
Columbia, South Carolina

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