Fowler v. Commissioner of Social Security Administration

Filing 37

ORDER granting 34 Motion for Attorney Fees under EAJA, awarding attorney's fees in the amount of $4,837.50, expenses in the amount of $16.00, and costs in the amount of $7.00. Signed by Honorable Joseph F. Anderson, Jr. on 12/30/2014.(bshr, )

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA

James Fowler,

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Plaintiff,
v.

C/A No.: 0:13-1726-JFA

ORDER

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Carolyn W. Colvin, Commissioner of
Social Security,

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Defendant.
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This matter is before the court upon motion of plaintiff’s counsel, W. Daniel Mayes,
for attorney’s fees and costs pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C.
§ 2412. The Commissioner has responded that she does not object to the plaintiff’s motion.
Upon review of the material submitted to the court and finding the fees to be
reasonable, the plaintiff’s motion for attorney’s fees (ECF No. 34) is granted. The
Commissioner shall pay the plaintiff attorney’s fees in the amount of $4,837.50 (representing
25.8 hours at $187.50 per hour); expenses in the amount of $16.00; and costs in the amount
of $7.00.1
Payment of the fees and expenses noted herein shall constitute a complete release
from and bar to any and all claims plaintiff may have relating to EAJA fees in connection
with this action. This award is without prejudice to the right of plaintiff to seek attorney’s
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Costs are paid from the Judgment Fund, rather than from agency funds. See 31 U.S.C. § 1304, 28 U.S.C.
§ 2412(c), 2444.

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fees under Section 206(b) of the Social Security Act, subject to the offset provisions of the
EAJA. Further, the award of fees shall be made payable to the plaintiff. See Astrue v.
Ratliff, 560 U.S. 586, 596–98 (2010).
IT IS SO ORDERED.

December 30, 2014
Columbia, South Carolina

Joseph F. Anderson, Jr.
United States District Judge

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