Judge v. Commissioner of Social Security Administration
ORDER granting 20 Motion for Attorney Fees Signed by Honorable J Michelle Childs on 4/7/2017.(abuc)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
NANCY A. BERRYHILL, Acting
Commissioner of Social Security,1
Civil Action No. 8:16-cv-02680-JMC
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
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