Pendarvis v. Commissioner of Social Security Administration

Filing 26

ORDER granting 24 Motion for Attorney Fees. Signed by Honorable Richard M Gergel on 8/12/2014.(cwil, )

IN THE UNITED STATES DISTRICT COURT

DISTRICT OF SOUTH CAROLINA

Melanie M. Pendarvis,

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

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Civil Action No. 0: 13-487-RMG

ORDER

This matter comes before the Court on Plaintiff s 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$5,739.39, representing 15.1 hours of attorney time at $191.35 per hour for
Robertson Wendt, 20 hours of attorney time at $125.00 for Geoffrey Wendt, and $350.00 in
costs. (Dkt. Nos. 24-1, 24-5). The Commissioner has advised the Court she does not oppose
Plaintiffs motion. (Dkt. No. 25).
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
$5,389.39 for attorney fees and $350.00 in costs, as set forth above. This award is subject to the
Treasury Offset Program, 31 U.S.c. § 3716(c)(l)(B). In the event Plaintiff has no present debt
subject to offset and Plaintiff has executed a proper assignment to her counsel, Defendant is
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directed to make the payment due herein to Plaintiff's 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.

RiC~Ii

United States District Judge

August~, 2014
Charleston, South Carolina

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