Saulsberry v. O'Malley (CONSENT)

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA SOUTHERN DIVISION CHRISTOPHER SAULSBERRY, ) ) Plaintiff, ) ) v. ) CASE NO. 1:20-cv-740-JTA ) (WO) KILOLO KIJAKAZI, ) Acting Commissioner of Social Security, ) ) Defendant. ) ORDER Before the Court is Plaintiff’s Motion for Attorney’s Fees filed pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d). (Doc. No. 21.) The plaintiff is the prevailing party in this litigation and seeks fees in the amount of $2,790.57. Defendant Commissioner of Social Security (“Commissioner”) has informed the court that she does not object to a fee award in this amount. (Doc. No. 24.)

On May 5, 2008, the Eleventh Circuit Court of Appeals decided Reeves v. Astrue, 526 F.3d 732 (11th Cir. 2008), wherein the Court unambiguously held that “attorney’s fees are awarded to the prevailing party, not to the prevailing party’s attorney.” Id. at 738. On June 14, 2010, the United States Supreme Court decided Astrue v. Ratliff, 560 U.S. 586, 130 S. Ct. 2521, 177 L. Ed. 2d 91 (2010), wherein the Court also unambiguously held that attorney’s fees are awarded to the prevailing litigant – not to prevailing litigant’s attorney – and are therefore also subject to any offset for debts. Accordingly, upon consideration of the motion, the Commissioner’s response thereto, and for good cause, it is hereby ORDERED as follows: 1. The Motion for Attorney’s fees pursuant to the Equal Access to Justice Act (Doc.

No. 21) is GRANTED.

2. The plaintiff is hereby AWARDED fees in the amount of $2,790.57.

3. The check shall be mailed to Christopher Saulsberry c/o Anna King, Ludlum and King, P.O. Box 1809, Auburn, Alabama 36831.

DONE this 27th day of September, 2021.

UMTED STATES MAGISTRATE JUDGE