Ballard v. Commissioner of the Social Security Administration

Filing 31

ORDER granting 28 Motion for Attorney Fees pursuant to the EAJA and 31 U.S.C. § 1304, in the amount of $3,193.02 for attorney's fees and expenses and $350.00 for costs. Signed by Honorable Cameron McGowan Currie on April 16, 2010.(cwil, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA ROCK HILL DIVISION Herbert Ballard, ) ) C/A No.: 0:08-04150-CMC-PJG Plaintiff, ) ) v. ) ) ORDER Commissioner of Social Security Administration, ) ) Defendant. ) __________________________________________) This matter is before the court on Plaintiff's petition for attorney's fees pursuant to the Equal Access to Justice Act ("EAJA"). 5 U.S.C. § 504; 28 U.S.C. § 2412. Plaintiff's motion, filed on March 24, 2010, seeks $3,590.82 in attorney's fees, representing 3.7 attorney hours at the rate of $187.25 per hour and 32.2 legal nurse consultant hours at the rate of $90.00 per hour. See Dkt. No. 28-6 (Ex. E.). Plaintiff has additionally requested $366.62 for expenses, including $350.00 for a filing fee and $16.62 for postage. Dkt. No. 28 at 2; Dkt. No. 28-4 (Ex. C.). On April 12, 2010, the Commissioner filed a response to Plaintiff's petition, informing the court that the parties have agreed to a reduced attorney's fee award of $3,176.40 and an award of $16.62 for expenses. The Commissioner notes that Plaintiff will receive a separate award of $350.00 for costs from the Judgment Fund. Dkt. No. 29 at 1. In light of the parties' agreement, the court finds that the amount sought is reasonable and orders, pursuant to the EAJA and 31 U.S.C. § 1304, that Plaintiff be awarded $3,193.02 for attorney's fees and expenses and $350.00 for costs. IT IS SO ORDERED. s/ Cameron McGowan Currie CAMERON MCGOWAN CURRIE UNITED STATES DISTRICT JUDGE

Columbia, South Carolina April 16, 2010