Opinion
C. A. 1:23-2652-SVH
01-03-2024
Brandy T.,[1] Plaintiff, v. Martin O'Malley, Commissioner of Social Security Administration,[2] Defendant.
ORDER
Shiva V. Hodges United States Magistrate Judge.
This matter is before the court on Plaintiff's motion for attorney fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412 (“EAJA”). [ECF No. 16]. On November 3, 2023, the court issued an order reversing the Commissioner's decision pursuant to sentence four of 42 U.S.C. § 405(g), and remanding the case for further administrative proceedings. [ECF No. 14]. On January 2, 2024, Plaintiff filed this motion seeking $2,975.88 in attorney fees. [ECF No. 16]. The Commissioner subsequently filed a response indicating he did not object to Plaintiff's motion. [ECF No. 17]. Given the Commissioner's acquiescence and Plaintiff's attorney's representations in his motion and in accordance with 28 U.S.C. § 2412(a) and § 2412(d), the court grants the motion and directs the Commissioner to pay Plaintiff $2,975.88. This payment shall constitute a complete release from and bar to any further claims Plaintiff may have under the EAJA to fees, costs, and expenses incurred in connection with disputing the Commissioner's decision. This award is without prejudice to the rights of Plaintiff's counsel to seek attorney fees under section 206(b) of the Social Security Act, 42 U.S.C. § 406(b), subject to the offset provisions of the EAJA.
Under Astrue v. Ratliff 560 U.S. 586, 595-97 (2010), EAJA fees awarded by this court belong to Plaintiff and are subject to offset under the Treasury Offset Program (31 U.S.C. § 3716(c)(3)(B) (2006)). Therefore, the court orders the EAJA fee be paid to Plaintiff through payment delivered to Plaintiff's counsel.
Counsel may disburse these funds to satisfy valid liens or in accordance with a lawful assignment.
IT IS SO ORDERED.