Rice v. Commissioner of the Social Security Administration

Filing 37

ORDER granting 33 Motion for Attorney Fees pursuant to the EAJA in the amount of $5,500.00. IT IS SO ORDERED. Signed by Chief Judge Terry L Wooten on 5/17/2018.(gnan )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ORANGEBURG DIVISION
Lance G. Rice,

Civil Action No. 5:16-cv-02629-TLW
Plaintiff,

v.

ORDER

Nancy A. Berryhill, Commissioner of
Social Security,
Defendant.
This matter is before the Court on Plaintiff=s Motion for an Award of Attorney=s Fees
pursuant to the Equal Access to Justice Act (AEAJA@) filed January 29, 2018. See 28 U.S.C.
' 2412. The parties filed a Joint Stipulation for Attorney Fees Pursuant to the EAJA advising their
agreement to stipulation to an award of $5,500 in attorney fees and expenses. ECF No. 34.
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, this Court directs fees be payable to
the Plaintiff and delivered to Plaintiff’s counsel. Accordingly,
IT IS ORDERED that the Plaintiff=s motion pursuant to the EAJA is GRANTED in the
amount of $5,500.00.

s/Terry L. Wooten
Terry L. Wooten
Chief United States District Judge
May 17, 2018
Columbia, South Carolina

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