Higginbotham-Dickens v. Commissioner Social Security Administration

Filing 30

ORDER re 28 Stipulation filed by Commissioner Social Security Administration. Plaintiff is entitled to an award of attorneys fees under the Equal Access to Justice Act in the stipulated amount of $4,391.00 and $407.00 in costs. Signed by Honorable J Michelle Childs on 9/13/2016. (abuc)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
GREENVILLE DIVISION
Karen Higginbotham-Dickens,
Plaintiff,
v.
Carolyn W. Colvin, Commissioner of the
Social Security Administration,
Defendant.

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Civil Action No. 6:14-cv-03528-JMC

ORDER

This matter is before the court upon motion by Plaintiff, through her attorney, Danny
Mayes, for an award of attorney’s fees under the Equal Access to Justice Act, 28 U.S.C. § 2412.
On March 30, 2016, Plaintiff filed a Motion for Attorney’s Fees and Costs [ECF No. 27]
pursuant to 28 U.S.C. § 2412, seeking reimbursement for Counsel’s representation in the
captioned matter in the amount of $4,775.38 in fees at $125.00 per hour, $407.00 for costs, and
$16.00 for expenses. On March 15, 2016, the parties agreed to a stipulated amount of $4,391.00
for attorney’s fees and $407.00 in costs. [ECF No. 28.]
The court has reviewed Counsel’s fee petition and the signed Joint Stipulation for
Attorney Fees [ECF No. 28] and finds Counsel’s stipulated request for fees reasonable.
Therefore, Plaintiff is entitled to an award of attorney’s fees under the Equal Access to
Justice Act in the stipulated amount of $4,391.00 and $407.00 in costs.
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.

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IT IS SO ORDERED.

United States District Judge
September 13, 2016
Columbia, South Carolina

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