Thomas v. Commissioner of Social Security Administration

Filing 33

ORDER granting 29 Motion for Attorney Fees under EAJA, awarding plaintiff $4,356.00 (24.2 hours at $180.00 per hour), expenses in theamount of $16.00, and costs in the amount of $7.00. Signed by Chief Judge Terry L Wooten on 01/31/2013.(bshr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ROCK HILL DIVISION
Gwendolyn Ann Thomas,
Plaintiff,
vs.
Michael J. Astrue, Commissioner of
Social Security Administration,
Defendant.

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Civil Action No.: 0:11-cv-01393-TLW

ORDER
Before the Court is the plaintiff’s motion for attorney’s fees and costs pursuant to the Equal
Access to Justice Act (“EAJA”), 28 U.S.C. § 2412. (Doc. #29). The plaintiff, Gwendolyn Thomas
(“plaintiff”), brought this action pursuant to 42 U.S.C. §§ 405(g) and 1383(c)(3) to obtain judicial
review of a final decision of the defendant, Commissioner of Social Security Administration
(“Commissioner” or “defendant”), denying her claims. (Doc. #1).
On March 6, 2012, the Commissioner filed a Motion for Entry of Judgment with Order of
Remand Pursuant to Sentence Four of 42 U.S.C. § 405(g). (Doc. #26). On March 23, 2012, after
consideration of the Commissioner’s motion, the Court issued an Order reversing the
Commissioner’s decision and remanding the case to the Commissioner for further administrative
proceedings. (Doc. #27).
On June 5, 2012, counsel for the plaintiff filed a motion for attorney’s fees and costs
pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412. (Doc. #29). In the motion,
plaintiff seeks reimbursement for attorney representation in this matter in the total amount of

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$4,379.00, which accounts for attorney’s fees in the amount of $4,356.00 (24.2 hours at $180.00 per
hour) and total costs and expenses in the amount of $23.00. (Doc. #29-1, 29-2). On June 22, 2012,
the Commissioner filed a response to plaintiff’s motion, in which the Commissioner notifies the
Court that he does not oppose plaintiff’s motion. (Doc. #31).
Based on the foregoing and after carefully considering the briefs and materials submitted by
the parties, the Court finds counsel’s request for fees reasonable. IT IS HEREBY ORDERED that
Plaintiff’s Motion for Attorney’s Fees Under the Equal Access to Justice Act (Doc. #29) is
GRANTED. Accordingly, the plaintiff is awarded the total amount of $4,379.00, which accounts
for attorney’s fees in the amount of $4,356.00 (24.2 hours at $180.00 per hour), expenses in the
amount of $16.00, and costs in the amount of $7.00.
IT IS SO ORDERED.

s/ Terry L. Wooten
TERRY L. WOOTEN
Chief United States District Judge
January 31, 2013
Columbia, South Carolina

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