Opinion
CIVIL ACTION NO. 1:16-cv-2959-MGL
05-25-2017
STEVEN DOUGLAS ALTMAN, Plaintiff, v. NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant.
ORDER
This matter is before the Court on Plaintiff's Motion for Attorney's Fees and Costs under the Equal Access to Justice Act (EAJA) filed on May 22, 2017. See 28 U.S.C. § 2412. Plaintiff requests an award of $2,756.25 in attorney's fees and $420.04 in expenses. Defendant does not object to Plaintiff's request for a total award of $3.176.29, with $2,776.29 in attorney's fees and $400.00 in expenses.
Defendant notes Plaintiff seeks $20.04 for certified mailing fees as "costs," but certified mailing fees are a form of postage and are considered "expenses" under the EAJA. See 28 U.S.C. §§ 2412(d)(2)(A), 2412(d)(2)(4). Plaintiff's request for certified mailing fees will therefore be included in the amount of attorney's fees awarded rather than expenses. --------
In accordance with Astrue v. Ratliff, 560 U.S. 586, 595-98 (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, this Court directs fees be payable to Plaintiff and delivered to Plaintiff's counsel. Accordingly,
IT IS ORDERED that Plaintiff's motion under the EAJA is granted in the amount of $2,776.29 in attorney's fees and $400.00 in expenses.
IT IS SO ORDERED.
s/ Mary Geiger Lewis
MARY GEIGER LEWIS
UNITED STATES DISTRICT JUDGE Dated: May 25, 2017
Columbia, South Carolina