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BUTLER v. COLVIN, 5:14-cv-01220-JMC. (2015)

Court: District Court, D. South Carolina Number: infdco20150302b89 Visitors: 14
Filed: Feb. 27, 2015
Latest Update: Feb. 27, 2015
Summary: ORDER J. MICHELLE CHILDS , District Judge . This matter is before the court upon motion of Plaintiff, through her attorney, Danny Mayes, for an award of attorney's fees under the Equal Access to Justice Act ("EAJA") and costs, 28 U.S.C. 2412. (ECF No. 23). Plaintiff's motion seeks reimbursement for her counsel's representation in the captioned matter in the amount of $1,710.00 in attorney's fees at the rate of $125.00 per hour, costs in the amount of $407.00 and $16.00 for expenses. Defen
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ORDER

This matter is before the court upon motion of Plaintiff, through her attorney, Danny Mayes, for an award of attorney's fees under the Equal Access to Justice Act ("EAJA") and costs, 28 U.S.C. § 2412. (ECF No. 23). Plaintiff's motion seeks reimbursement for her counsel's representation in the captioned matter in the amount of $1,710.00 in attorney's fees at the rate of $125.00 per hour, costs in the amount of $407.00 and $16.00 for expenses. Defendant's response to Plaintiff's motion (ECF No. 24) notifies the court that she does not oppose Plaintiff's request for fees in the amount stated herein.

The court has reviewed Plaintiff's counsel's fee petition and finds counsel's request for fees reasonable. Therefore, Plaintiff is entitled to an award of attorney's fees under the EAJA in the amount of $2,133.00, specifically, $1,710.00 in attorney fees, $407.00 in costs, and $16.00 in expenses. See 28 U.S.C. §§ 2412(c)(1) and 2414.

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.

IT IS SO ORDERED.

Source:  Leagle

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