Turner v. Commissioner of the Social Security Administration

D. South Carolina

Turner v. Commissioner of the Social Security Administration

District Court, D. South Carolina·Decided January 31, 2023·No. 5:21-cv-01395·Unknown

Opinion

UNITED STATES DISTRICT COURT DISTRICT OF SOUTH CAROLINA ORANGEBURG DIVISION

Jennifer Turner, Case No. 5:21-cv-01395-TLW PLAINTIFF v. ORDER Kilolo Kijakazi, Acting Commissioner of Social Security Administration, DEFENDANT

After the Court entered an order, ECF No. 20, remanding this social security matter to the Commissioner for further proceedings, Plaintiff’s counsel filed a motion for attorney fees and costs pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412. ECF No. 22. The Commissioner does not oppose the motion. ECF No. 25. Under the EAJA, a court shall award attorney fees to a prevailing party in certain civil actions against the United States unless the court finds that the government’s position was substantially justified or special circumstances make an award unjust. 28 U.S.C. § 2412(d)(1)(A). An EAJA attorney fees award is payable to the litigant and, therefore, is subject to an offset to satisfy the litigant’s pre-existing debt to the Government. , 560 U.S. 586, 594 (2010). After careful consideration of the record and the applicable legal authority, Plaintiff’s for attorney fees under the EAJA, ECF No. 22, is GRANTED. The Commissioner is ordered to award Plaintiff $5.175.00 for all legal services rendered on Plaintiff’s behalf by counsel in connection with this action, to be offset by the amount of Plaintiff’s pre-existing federal debts, if any. IT IS SO ORDERED.

Terry L. Wooten Senior United States District Judge January 31, 2023 Columbia, South Carolina

Free access — add to your briefcase to read the full text and ask questions with AI

UNITED STATES DISTRICT COURT DISTRICT OF SOUTH CAROLINA ORANGEBURG DIVISION

Jennifer Turner, Case No. 5:21-cv-01395-TLW PLAINTIFF v. ORDER Kilolo Kijakazi, Acting Commissioner of Social Security Administration, DEFENDANT

After the Court entered an order, ECF No. 20, remanding this social security matter to the Commissioner for further proceedings, Plaintiff’s counsel filed a motion for attorney fees and costs pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412. ECF No. 22. The Commissioner does not oppose the motion. ECF No. 25. Under the EAJA, a court shall award attorney fees to a prevailing party in certain civil actions against the United States unless the court finds that the government’s position was substantially justified or special circumstances make an award unjust. 28 U.S.C. § 2412(d)(1)(A). An EAJA attorney fees award is payable to the litigant and, therefore, is subject to an offset to satisfy the litigant’s pre-existing debt to the Government. , 560 U.S. 586, 594 (2010). After careful consideration of the record and the applicable legal authority, Plaintiff’s for attorney fees under the EAJA, ECF No. 22, is GRANTED. The Commissioner is ordered to award Plaintiff $5.175.00 for all legal services rendered on Plaintiff’s behalf by counsel in connection with this action, to be offset by the amount of Plaintiff’s pre-existing federal debts, if any. IT IS SO ORDERED.

Terry L. Wooten Senior United States District Judge January 31, 2023 Columbia, South Carolina

Turner v. Commissioner of the Social Security Administration, (D.S.C. 2023).

Pincite

Turner v. Commissioner of the Social Security Administration (Turner v. Commissioner of the Social Security Administration) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related