JOHN M. GERRARD, District Judge.
This matter is before the Court on the plaintiff Michaelle Fickler's motion for attorney fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412. Filing 27. Fickler has requested an award of fees and expenses in the amount of $6,571.19, which represents 26 hours of attorney work at an average rate of $183.70 per hour and 19.8 hours of legal assistant work at $90 per hour.
The Court has determined that Fickler was the prevailing party in this action, as this case was remanded to the Commissioner for further action. The Court further finds that the position of the Commissioner was not substantially justified, for the reasons set forth in the Court's previous Memorandum and Order (filing 25). See Koss v. Sullivan, 982 F.2d 1226 (8th Cir. 1993). The application for fees was filed in a timely fashion.
Therefore, Fickler is entitled to an award of attorney fees and costs in the amounts requested. An award of fees under § 2412(d) must be paid to the "prevailing party," i.e., the litigant, as opposed to counsel, and is subject to any administrative offset necessary to satisfy any pre-existing debt the litigant might owe the United States. Astrue v. Ratliff, 130 S.Ct. 2521 (2010). Because § 2412(a)(1) states that costs, like fees, are awarded to the "prevailing party," the costs shall also be paid directly to Fickler. Additionally, as defendant notes, the award of costs is to be paid from the Judgment Fund administered by the United States Treasury, rather than by the Social Security Administration. See, 28 U.S.C. §§ 2412(a), (c)(1), 2414; 31 U.S.C. § 1304. Accordingly,
IT IS ORDERED: