Roberts v. Commissioner of Social Security Administration

Filing 35

ORDER granting 33 Motion for Attorney Fees in the amount of $6,879.88. Signed by Honorable Richard M Gergel on 7/21/2014.(cwil, )

IN THE UNITED STATES DISTRICT COURT

DISTRICT OF SOUTH CAROLINA

Bronwyn Heidi Ellen Roberts,

Plaintiff,
vs.
Carolyn W. Colvin, Acting Commissioner
of Social Security Administration,
Defendant.

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Civil Action No. 0: 13-68-RMG

ORDER

This matter comes before the Court on Plaintiffs motion for an award of attorney's fees
under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412. (Dkt. No. 33). Plaintiff
seeks an award of $6,879.88, representing 4.40 hours of attorney time at $177.91 per hour during
calendar year 2011 and 33.0 hours of attorney time at $184.76 per hour for calendar year 2013.
(Okt. No. 23-2). The Commissioner has advised the Court she does not oppose Plaintiffs
motion. (Okt. No. 34).
The Court has reviewed the motion and memorandum of Plaintiff, as well as the
supporting underlying documentation, and finds that the total fee request, hours expended, and
hourly rates are reasonable and authorized under applicable law. Gisbrecht v. Barnhart, 535 U.S.
789 (2002). Therefore, the Court hereby grants an EAJA award to Plaintiff in the amount of
$6,879.88. This award is subject to the Treasury Offset Program, 31 U.S.C. § 3716(c)(1)(B). In
the event Plaintiff has no present debt subject to offset and Plaintiff has executed a proper
assignment to her counsel, Defendant is directed to make the payment due herein to Plaintiff s
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counsel. If Plaintiff has no present debt subject to offset and no proper assignment has been
made by Plaintiff to her counsel, Defendant is directed to make the check due pursuant to this
Order payable to Plaintiff and to deliver the check to Plaintiff s counsel.
AND IT IS SO ORDERED.

Richard Mark Gerge
United States District Judge
July.3i,2014
Charleston, South Carolina

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