Elawyers Elawyers
Washington| Change

JENKINS v. COLVIN, 1:14-cv-04880-JMC. (2016)

Court: District Court, D. South Carolina Number: infdco20160304d54 Visitors: 5
Filed: Mar. 03, 2016
Latest Update: Mar. 03, 2016
Summary: ORDER J. MICHELLE CHILDS , District Judge . This matter is before the court upon motion of Plaintiff, through her attorney, W. Daniel Mayes ("Counsel"), for an award of attorney's fees and costs under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. 2412(d). (ECF No. 28.) Plaintiff's motion, filed on February 18, 2016, seeks reimbursement for Counsel's representation in the captioned matter in the amount of $4,579.00 in attorney's fees, $7.00 for costs, and $16.00 for expenses. Defenda
More

ORDER

This matter is before the court upon motion of Plaintiff, through her attorney, W. Daniel Mayes ("Counsel"), for an award of attorney's fees and costs under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412(d). (ECF No. 28.) Plaintiff's motion, filed on February 18, 2016, seeks reimbursement for Counsel's representation in the captioned matter in the amount of $4,579.00 in attorney's fees, $7.00 for costs, and $16.00 for expenses. Defendant's response to Plaintiff's motion (ECF No. 29) demonstrates to the court that she does not oppose Plaintiff's request for fees in the amount stated herein. Specifically, Defendant does not object to the motion and only asks that the stipulated amount of attorney's fees payable to Plaintiff will be used to offset any outstanding federal debt the Commissioner determines Plaintiff owes. (Id. at 1-2.)

The court has reviewed Plaintiff's counsel's fee petition and finds that Plaintiff is entitled to an award under the EAJA in the amount of $4,579.00 for attorney's fees, $16.00 for expenses, and $7.00 for costs. See 28 U.S.C. §§ 2412(c)(1), 2414; Shalala v. Schaefer, 509 U.S. 292, 302-03 (1993). 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.

Accordingly, the court GRANTS Plaintiff's Motion for Attorney's Fees (ECF No. 28).

IT IS SO ORDERED

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer