Davis v. Commissioner of the Social Security Administration

Filing 31

ORDER: A stipulated award of $4,000.00 in attorney fees pursuant to the EAJA is granted in accordance with this order. Plaintiffs Petition for EAJA Fees, ECF No. 26, has been withdrawn. Signed by Magistrate Judge Kaymani D West on 3/23/2018. (gnan )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Antasha Nichole Davis,
Plaintiff,
v.
Nancy A Berryhill, Acting
Commissioner of Social Security,
Defendant.

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Civil Action No. 5:17-cv-1937-KDW

ORDER
This matter is before the court on the parties’ joint Stipulation for Attorney Fees Pursuant to
the Equal Access to Justice Act (EAJA), ECF No. 27, advising their agreement to stipulate to an
award of $4,000.00 in attorney fees. As indicated in the Stipulation, Plaintiff’s Petition for Attorney
Fees, ECF No. 26, is withdrawn. The Clerk is to note this withdrawal on the docket.
Further, the parties have stipulated that Plaintiff should be awarded $4000.00 in attorney fees
under the EAJA and that this amount “represents compensation for all legal services rendered on
behalf of Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C. §
2412(d).” ECF No. 27 at 1. 1 The court finds the stipulated amount of fees to be reasonable and in
accordance with applicable law.
In accordance with Astrue v. Ratliff, 560 U.S. 586 (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). Therefore, this court directs the stipulated amount of $4,000.00 in attorney
fees be payable to Plaintiff and delivered to Plaintiff’s counsel.

In Plaintiff’s Petition for Fees, counsel indicated he spent 25.45 hours representing Plaintiff before
the court. ECF No. 26.
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An award of $4000.00 in attorney fees pursuant to the EAJA is granted in accordance with
this order. Plaintiff’s Petition for EAJA Fees, ECF No. 26, has been withdrawn.
IT IS SO ORDERED.

March 23, 2018
Florence, South Carolina

Kaymani D. West
United States Magistrate Judge

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