Makins v. Commissioner of the Social Security Administration

Filing 28

ORDER granting Plaintiff's 26 Motion for Attorney Fees pursuant to the EAJA in the amount of $3,248.44 and $22.69 in expenses. Signed by Honorable Mary Geiger Lewis on 2/6/2019.(gnan )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ORANGEBURG DIVISION
KENDRICK MAKINS,
Plaintiff,

)
)
)
Civil Action No: 5:17-1497-MGL
vs.
)
)
ORDER
NANCY A. BERRYHILL,
)
ACTING COMMISSIONER OF
)
SOCIAL SECURITY
)
ADMINISTRATION,
)
)
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 26, 2019. ECF No. 26. See
28 U.S.C. ' 2412. On February 6, 2019, Defendant filed a response in support of Plaintiff’s motion
and agreeing with Plaintiff’s calculation of $3,248.44 for attorney’s fees and $22.69 for expenses.
ECF No. 27.
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)) and, therefore, this Court DIRECTS fees be payable to the
Plaintiff and delivered to Plaintiff’s counsel. Accordingly,
IT IS ORDERED Plaintiff=s motion for attorney’s fees pursuant to the EAJA is
GRANTED in the amount of $3,248.44 in attorney’s fees and $22.69 in expenses.
_____/s Mary Geiger Lewis ________
MARY GEIGER LEWIS
UNITED STATES DISTRICT JUDGE
February 6, 2019
Columbia, South Carolina