O'Donnell v. Commissioner of the Social Security Administration

Filing 32

ORDER granting 29 Motion for Attorney Fees in the amount of $3,368.75, and $22.25 in expenses. Signed by Honorable J Michelle Childs on 5/28/2019.(gnan )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ORANGEBURG DIVISION
Michele O’Donnell,

)
)
Plaintiff,
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v.
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Commissioner of Social Security
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Administration,
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Defendant.
)
____________________________________)

Civil Action No.: 5:17-cv-00124-JMC
ORDER

This matter is before the court on Plaintiff Michele O’Donnell’s Motion for Attorney’s
Fees under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d), filed on August 13,
2018. (ECF No. 29.) Defendant Commissioner of Social Security Administration (“the
Commissioner”) responded to Plaintiff’s Motion on August 27, 2018, and did not oppose
Plaintiff being awarded three thousand, three hundred and sixty-eight dollars and seventy-five
cents ($ 3,368.75) in attorney’s fees and expenses in the amount of twenty-two dollars and
twenty-five cents ($ 22.25). (ECF No. 30.) After reviewing Plaintiff’s Motion (ECF No.
29) and the Commissioner’s Response (ECF No. 30), the court finds that the unopposed
request for fees is reasonable and that Plaintiff is entitled to an award of attorney’s fees
under the EAJA in the unopposed amount.
In accordance with Astrue v. Ratliff, U.S. 586, 589 (2010), EAJA fees awarded by this
court belong to the litigant, thus subjecting EAJA fees to be offset under the Treasury Offset
Program, 31 U.S.C. § 371(c)(3)(B). Therefore, the court directs that fees be payable to Plaintiff
and delivered to Plaintiff’s counsel. Astrue, 560 U.S. at 589. The amount of attorney’s fees
payable to Plaintiff will be the balance of unopposed attorney’s fees remaining after subtracting
the amount of Plaintiff’s outstanding federal debt. 31 U.S.C. § 3716. If Plaintiff’s outstanding
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federal debt exceeds the amount of attorney’s fees under the unopposed amount, the unopposed
amount will be used to offset Plaintiff’s federal debt and no attorney’s fees shall be paid. See 31
U.S.C. § 3716. (See also ECF No. 30 at 1–2.)
After a thorough review of Plaintiff’s Motion (ECF No. 29) and the Commissioner’s
Response (ECF No. 30), the court GRANTS Plaintiff’s Motion for Attorney’s Fees (ECF No.
29) and awards $ 3,368.75 in attorney’s fees and $ 22.25 in expenses.
IT IS SO ORDERED.

United States District Judge
May 28, 2019
Columbia, South Carolina

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