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Watkins v. Colvin

United States District Court, D. South Carolina, Florence Division

September 26, 2014

Branden Watkins, Plaintiff,
v.
Carolyn W. Colvin, Acting Commissioner of the Social Security Administration, Defendant.

ORDER

J. MICHELLE CHILDS, District Judge.

This matter is before the court upon motion of Plaintiff, through his attorney, Beatrice E. Whitten, for an award of attorney's fees under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412. (ECF No. 35). Plaintiff's motion seeks reimbursement for Counsel's representation in the captioned matter in the amount of $5, 281.38 in attorney's fees at the rate of $177.91 per hour. Defendant's response to Plaintiff's motion (ECF No. 36) notifies the court that she does not oppose Plaintiff's request for fees in the amount stated herein. The court has reviewed Counsel's fee petition that was submitted and finds Counsel's request for fees reasonable. Therefore, Plaintiff is entitled to an award of attorney's fees under theEAJA in the stipulated amount of $6, 050.53.

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.

IT IS SO ORDERED.


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