Judge v. Commissioner of Social Security Administration

Filing 23

ORDER granting 20 Motion for Attorney Fees Signed by Honorable J Michelle Childs on 4/7/2017.(abuc)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA ANDERSON/GREENWOOD DIVISION DONALD JUDGE, ) ) Plaintiff, ) ) v. ) ) NANCY A. BERRYHILL, Acting ) Commissioner of Social Security,1 ) ) Defendant. ) ____________________________________) Civil Action No. 8:16-cv-02680-JMC ORDER This matter is before the court on motion for entry of an order on payment of attorney’s fees pursuant to the Equal Access to Justice Act (AEAJA@). See 28 U.S.C. ' 2412. (ECF No. 20.) Plaintiff’s motion seeks reimbursement for Counsel’s representation in the above-captioned matter in the amount of Two Thousand Four Hundred and Seventy Four dollars and Thirty Eight cents ($2,474.38) in attorney’s fees and Twenty dollars and One cent ($20.01) in expenses. The Commissioner did not file a response to Plaintiff’s Motion for Attorney’s Fees. The court has reviewed Plaintiff’s Counsel’s fee petition that was submitted and finds the request for fees reasonable. Therefore, Plaintiff is entitled to an award of attorney’s fees under the EAJA in the amount of Two Thousand Four Hundred and Seventy Four dollars and Thirty Eight cents ($2,474.38) and Twenty dollars and One cent ($20.01) in expenses. 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 1 Nancy A. Berryhill became the Acting Commissioner of Social Security on January 23, 2017. Pursuant to Fed. R. Civ. P. 25(d), Nancy A. Berryhill is substituted for former Acting Commissioner Carolyn W. Colvin as a Defendant in this lawsuit. 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. IT IS SO ORDERED. J. Michelle Childs United States District Judge April 7, 2017 Columbia, SC

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