Wells v. Commissioner of the Social Security Administration

Filing 22

ORDER granting 19 Motion for Attorney Fees for an award under the EAJA to Plaintiff in the amount of Three Thousand Eight Hundred and Thirty-eight dollars and Seventy Five cents ($3,838.75) in attorney's fees, Twenty dollars and Nineteen cents ($20.19) in expenses, and Four Hundred dollars ($400.00) in costs. Signed by Honorable J Michelle Childs on 4/19/2017.(gnan, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ORANGEBURG DIVISION
WILLIAM M. WELLS,

)
)
Plaintiff,
)
)
v.
)
)
NANCY A. BERRYHILL, Acting
)
Commissioner of Social Security,1
)
)
Defendant.
)
____________________________________)

Civil Action No. 5:15-cv-02144-JMC

ORDER

This matter is before the court on motion for entry of an order on payment of attorney’s
fees pursuant to the Equal Access to Justice Act (AEAJA@). See 28 U.S.C. ' 2412. (ECF No. 19.)
Plaintiff’s motion seeks reimbursement for Counsel’s representation in the above-captioned matter
in the amount of Three Thousand Eight Hundred and Thirty-eight dollars and Seventy Five cents
($3,838.75) in attorney’s fees, Twenty dollars and Nineteen cents ($20.19) in expenses, and Four
Hundred dollars ($400.00) in costs. The Commissioner does not oppose payment of attorney’s
fees. (ECF No. 20.)
The court has reviewed Plaintiff’s Counsel’s fee petition that was submitted and finds the
request for fees reasonable. Therefore, Plaintiff is entitled to an award under the EAJA in the
amount of Three Thousand Eight Hundred and Thirty-eight dollars and Seventy Five cents
($3,838.75) in attorney’s fees, Twenty dollars and Nineteen cents ($20.19) in expenses, and Four
Hundred dollars ($400.00) in costs.

1 Nancy A. Berryhill became the Acting Commissioner of Social Security on January 23, 2017.
Pursuant to Fed. R. Civ. P. 25(d), Nancy A. Berryhill is substituted for former Acting
Commissioner Carolyn W. Colvin as a Defendant in this lawsuit.

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.

J. Michelle Childs
United States District Judge
April 19, 2017
Columbia, SC