Butler v. Commissioner of the Social Security Administration
ORDER granting 23 Motion for Attorney Fees. Plaintiff is entitled to an award of attorney's fees under the EAJA in the amount of $2,133.00, specifically, $1,710.00 in attorney fees, $407.00 in costs, and $16.00 in expenses. Signed by Honorable J Michelle Childs on 2/27/2015.(gnan )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Martina R. Butler,
Carolyn W. Colvin, Acting Commissioner )
of the Social Security Administration,
Civil Action. No.: 5:14-cv-01220-JMC
This matter is before the court upon motion of Plaintiff, through her attorney, Danny Mayes,
for an award of attorney’s fees under the Equal Access to Justice Act (“EAJA”) and costs, 28 U.S.C.
§ 2412. (ECF No. 23). Plaintiff’s motion seeks reimbursement for her counsel’s representation in
the captioned matter in the amount of $1,710.00 in attorney’s fees at the rate of $125.00 per hour,
costs in the amount of $407.00and $16.00 for expenses. Defendant’s response to Plaintiff’s motion
(ECF No. 24) notifies the court that she does not oppose Plaintiff’s request for fees in the amount
The court has reviewed Plaintiff’s counsel’s fee petition and finds counsel’s request for fees
reasonable. Therefore, Plaintiff is entitled to an award of attorney’s fees under the EAJA in the
amount of $2,133.00, specifically, $1,710.00 in attorney fees, $407.00 in costs, and $16.00 in
expenses. See 28 U.S.C. §§ 2412(c)(1) and 2414.
In accordance with Astrue v. Ratliff, 130 S. Ct. 2521, 2528-29 (2010), EAJA fees awarded
by this court belong to the litigant, thus subjecting EAJA fees to offset under the Treasury Offset
Program (31 U.S.C. § 3716(c)(3)(B) (2006)) and, therefore, the court directs that fees be payable to
Plaintiff and delivered to Plaintiff's counsel.
IT IS SO ORDERED.
United States District Judge
February 27, 2015
Columbia, South Carolina
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