Patterson v. Commissioner of the Social Security Administration

Filing 23

ORDER: The court GRANTS Plaintiff's Motion for Attorney's Fees, [ECF No. 19], and Plaintiff shall be awarded $4,100.00 in attorney's fees and $400.00 in federal court filing fee costs. Signed by Honorable J Michelle Childs on 7/14/2016.(gnan )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ORANGEBURG DIVISION
FELICIA PATTERSON,

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Plaintiff,
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v.
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CAROLYN W. COLVIN,
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Acting Commissioner of Social Security,
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Defendant.
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____________________________________)

Civil Action No. 5:15-cv-01448-JMC

ORDER

This matter is before the court on motion of Plaintiff, through her attorney, William B.
Jung, for an award of attorney’s fees under the Equal Access to Justice Act (“EAJA”), 28 U.S.C.
§ 4212. (ECF No. 19.) In a Joint Stipulation, filed on July 5, 2016, the parties agreed that
Plaintiff would be awarded $4,100.00 in attorney’s fees and $400.00 in federal court filing fee
costs. (ECF No. 20 at 1.) After reviewing Plaintiff’s Motion and the Joint Stipulation, the court
finds that the stipulated request for fees is reasonable.
In accordance with Astrue v. Ratliff, 560 U.S. 586 (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)). Therefore, the court directs that fees be payable to
Plaintiff and delivered to Plaintiff's counsel. The amount of attorney’s fees payable to Plaintiff
will be the balance of stipulated attorney’s fees remaining after subtracting the amount of
Plaintiff’s outstanding federal debt. If Plaintiff’s outstanding federal debt exceeds the amount of
attorney’s fees under the stipulation, the stipulated amount will be used to offset Plaintiff’s
federal debt and no attorney’s fees shall be paid. (See ECF No. 20.)

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After a thorough review of the record and the parties’ Joint Stipulation, (ECF No. 20), the
court GRANTS Plaintiff's Motion for Attorney’s Fees, (ECF No. 19), and Plaintiff shall be
awarded $4,100.00 in attorney’s fees and $400.00 in federal court filing fee costs.
IT IS SO ORDERED.

United States District Judge
July 14, 2016
Columbia, South Carolina

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