Sturkin v. Commissioner of Social Security Administration

Filing 29

ORDER accepting 26 Joint Stipulation, awarding $4,070.07 in attorney's fees pursuant to the EAJA. Signed by Magistrate Judge Paige J. Gossett on 12/16/2015.(bshr, ) Modified on 12/17/2015 to edit text(bshr, ).

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UNITED STATES DISTRICT COURT DISTRICT OF SOUTH CAROLINA DARRYL K. STURKIN, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) Civil Action No. 0:14-cv-1574-PJG ORDER This matter is before the Court on the Joint Stipulation for an Award of Attorney=s Fees pursuant to the Equal Access to Justice Act (AEAJA@) filed September 9, 2015. See 28 U.S.C. ' 2412. Plaintiff seeks an award of attorney=s fees in the amount of $4,237.50 and expenses in the amount of $20.07. A Joint Stipulation filed on October 26, 2015 notified the Court that the parties agreed to a compromise settlement in which Defendant agrees to pay Plaintiff $4,070.07 in attorney=s fees. The Court has reviewed the fee motion and stipulation and finds the compromise settlement reasonable. Accordingly, IT IS ORDERED that the Plaintiff=s motion for attorney=s fees and costs pursuant to the EAJA be granted in the amount of $4,070.07 in attorney=s fees. EAJA fees awarded by this Court belong to the Plaintiff and are subject to offset under the Treasury Offset Program (31 U.S.C. ' 3716(c)(3)(B) (2006)). In the event Plaintiff has no present debt subject to offset and Plaintiff has executed a proper assignment to Plaintiff’s counsel, Defendant is directed to make the payment due to Plaintiff’s counsel. If Plaintiff has no debt subject to offset and no proper assignment has been made by Plaintiff to counsel, Defendant is directed to make the check due pursuant to this Order payable to Plaintiff and delivered to Plaintiff’s counsel. __________________________________________ Paige J. Gossett UNITED STATES MAGISTRATE JUDGE December 16, 2015 Columbia, South Carolina

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