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Davis v. Berryhill, 5:17-cv-1937-KDW. (2018)

Court: District Court, D. South Carolina Number: infdco20180326b93 Visitors: 6
Filed: Mar. 23, 2018
Latest Update: Mar. 23, 2018
Summary: ORDER KAYMANI D. WEST , Magistrate Judge . This matter is before the court on the parties' joint Stipulation for Attorney Fees Pursuant to the Equal Access to Justice Act (EAJA), ECF No. 27, advising their agreement to stipulate to an award of $4,000.00 in attorney fees. As indicated in the Stipulation, Plaintiff's Petition for Attorney Fees, ECF No. 26, is withdrawn. The Clerk is to note this withdrawal on the docket. Further, the parties have stipulated that Plaintiff should be awarded
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ORDER

This matter is before the court on the parties' joint Stipulation for Attorney Fees Pursuant to the Equal Access to Justice Act (EAJA), ECF No. 27, advising their agreement to stipulate to an award of $4,000.00 in attorney fees. As indicated in the Stipulation, Plaintiff's Petition for Attorney Fees, ECF No. 26, is withdrawn. The Clerk is to note this withdrawal on the docket.

Further, the parties have stipulated that Plaintiff should be awarded $4000.00 in attorney fees under the EAJA and that this amount "represents compensation for all legal services rendered on behalf of Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C. § 2412(d)." ECF No. 27 at 1.1 The court finds the stipulated amount of fees to be reasonable and in accordance with applicable law.

In accordance with Astrue v. Ratliff, 560 U.S. 586 (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). Therefore, this court directs the stipulated amount of $4,000.00 in attorney fees be payable to Plaintiff and delivered to Plaintiff's counsel.

An award of $4000.00 in attorney fees pursuant to the EAJA is granted in accordance with this order. Plaintiff's Petition for EAJA Fees, ECF No. 26, has been withdrawn.

IT IS SO ORDERED.

FootNotes


1. In Plaintiff's Petition for Fees, counsel indicated he spent 25.45 hours representing Plaintiff before the court. ECF No. 26.
Source:  Leagle

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