Harvey v. Commissioner of the Social Security Administration

Filing 28

ORDER granting 25 Motion for Attorney Fees. Signed by Honorable J Michelle Childs on 3/28/2016.(asni, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ORANGEBURG DIVISION
Wendy M. Harvey,

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Plaintiff,
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v.
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Carolyn W. Colvin, Acting Commissioner )
of Social Security Administration,
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Defendant.
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____________________________________)

Civil Action No. 5:15-cv-01491-JMC

ORDER

This matter is before the court upon motion of Plaintiff, through her attorneys, Hannah R.
Metcalfe, Timothy Clardy, and Carole M. Dennison (collectively “Counsel”), for an award of
attorney’s fees under the Equal Access to Justice Act (“EAJA”) and costs, 28 U.S.C. § 2412(d).
(ECF No. 25.) Plaintiff’s motion, filed on January 26, 2016, seeks reimbursement for Counsel’s
representation in the captioned matter in the amount of $3,502.93 in attorney’s fees for 18.9
hours at $185.34 per hour plus any reasonable attorney’s fees connected with future litigation.
Defendant’s response to Plaintiff’s motion (ECF No. 26) demonstrates to the court that she does
not oppose Plaintiff’s request for fees in the amount stated herein. Specifically, Defendant does
not object to the motion and only asks that the stipulated amount of attorney’s fees payable to
Plaintiff will be used to offset any outstanding debt the Commissioner determines Plaintiff owes.
(ECF No. 26.)
The court has reviewed Plaintiff’s counsel’s fee petition and finds that Plaintiff is entitled
to an award under the EAJA in the amount of $3,502.93 for attorney’s fees. See 28 U.S.C. §§
2412(c)(1), 2414; Shalala v. Schaefer, 509 U.S. 292, 302–03 (1993). 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©(3)(B)(2006)) and, therefore the court directs that fees be payable to Plaintiff and
delivered to Plaintiff’s counsel.
Therefore, the court GRANTS Plaintiff’s Motion for Attorney’s Fees (ECF No. 25).
IT IS SO ORDERED

United States District Judge
March 28, 2016
Columbia, South Carolina