Tumbleston v. Commissioner of Social Security Administration

Filing 28

ORDER granting 20 Motion for Attorney Fees Under the Equal Access to Justice Act, awarding plaintiff $2,320.00 in attorney's fees and $19.80 in costs. Signed by Honorable Cameron McGowan Currie on 10/23/2013.(bshr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ROCK HILL DIVISION
Bobbie J. Tumbleston, Jr.,

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)
Plaintiff,
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v.
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Carolyn W. Colvin,1
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Acting Commissioner of Social Security,
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Defendant.
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__________________________________________)

C/A No.:

0:13-00152-CMC

ORDER

This matter is before the court on Plaintiff’s petition for attorney’s fees pursuant to the Equal
Access to Justice Act (“EAJA”), 28 U.S.C. § 2412. Dkt. No. 20. Plaintiff seeks an award of
attorney’s fees in the amount of $2,320.00, representing 14.50 attorney hours at the rate of $160.00
per hour, and costs in the amount of $19.80.
The Commissioner has filed a response indicating that she does not oppose Plaintiff’s motion
for attorney’s fees in the amount sought in the petition. Dkt. No. 26. Accordingly, the court finds
that the amount sought is reasonable and orders, pursuant to the EAJA, that Plaintiff be awarded
$2,320.00 in attorney’s fees and $19.80 in costs.
IT IS SO ORDERED.
S/ Cameron McGowan Currie
CAMERON MCGOWAN CURRIE
UNITED STATES DISTRICT JUDGE
Columbia, South Carolina
October 23, 2013

1

Carolyn W. Colvin is substituted as the Defendant in this action because she became
the Acting Commissioner of Social Security on February 14, 2013. As provided in the Social
Security Act, “[a]ny action instituted in accordance with this subsection shall survive
notwithstanding any change in the person occupying the office of Commissioner of Social
Security or any vacancy in such office.” 42 U.S.C. § 405(g). For ease, the court refers to the
Acting Commissioner as the Commissioner.