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Orr v. Berryhill, 4:16-cv-02728-JMC. (2018)

Court: District Court, D. South Carolina Number: infdco20180618a98 Visitors: 3
Filed: Jun. 15, 2018
Latest Update: Jun. 15, 2018
Summary: ORDER J. MICHELLE CHILDS , District Judge . This matter is before the court upon motion of Plaintiff, through her attorney, Robertson H. Wendt, Jr. ("Counsel"), for an award of $7,395.55 in attorney's fees and $400 in costs under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. 2412, filed on April 22, 2018. (ECF No. 31.) In a Response filed on May 7, 2018, Defendant notified the court that she does not oppose Plaintiff's request for attorney's fees in the amount listed above. (ECF No.
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ORDER

This matter is before the court upon motion of Plaintiff, through her attorney, Robertson H. Wendt, Jr. ("Counsel"), for an award of $7,395.55 in attorney's fees and $400 in costs under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412, filed on April 22, 2018. (ECF No. 31.) In a Response filed on May 7, 2018, Defendant notified the court that she does not oppose Plaintiff's request for attorney's fees in the amount listed above. (ECF No. 32.) However, the parties agreed to a stipulated amount of $6,800.00 in attorney's fees and $400 in costs. Id. The court has reviewed Plaintiff's Motion and Defendant's Response and finds the stipulated request for fees reasonable.

In accordance with Astrue v. Ratliff, 560 U.S. 586 (2010), EAJA fees awarded by this court belong to the litigant and are subject to the Treasury Offset Program. 31 U.S.C. § 3716(c)(3)(B) (2006). Therefore, the court directs that fees be payable to Plaintiff and delivered to Plaintiff's Counsel. The amount of attorney's fees payable to Counsel will be the balance of stipulated attorney's fees remaining after subtracting the amount of Plaintiff's outstanding federal debt. If Plaintiff's outstanding federal debt exceeds the amount of attorney's fees under the stipulation, the stipulated amount will be used to offset Plaintiff's federal debt and no attorney's fees shall be paid. (See ECF No. 32.)

For the reasons set forth herein, after a thorough review of Plaintiff's Motion (ECF No. 31) and Defendant's Response (ECF No. 32), the court GRANTS Plaintiff's Motion for Attorney's Fees (ECF No. 31), and AWARDS Plaintiff $6,800.00 in attorney's fees and $400 in costs.

IT IS SO ORDERED.

FootNotes


1. Nancy A. Berryhill became the Acting Commissioner of Social Security on January 23, 2017. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Nancy A. Berryhill should be substituted for Carolyn W. Colvin as Defendant in this action.
Source:  Leagle

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