Gaines v. Commissioner of Social Security Administration

Filing 22

ORDER granting 19 Motion for Attorney Fees, awarding $4,800.00 in attorney's fees. Signed by Magistrate Judge Paige J. Gossett on 03/24/2015.(bshr, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA Cynthia M. Gaines, ) ) Plaintiff, ) ) v. ) ) Carolyn W. Colvin, Acting Commissioner of ) Social Security Administration, ) ) Defendant. ) _____________________________________ ) C/A No. 0:14-3363-PJG ORDER This matter is before the Court on Plaintiff’s Petition for Attorney’s Fees pursuant to the Equal Access to Justice Act (“EAJA”) filed March 9, 2016. See 28 U.S.C. § 2412. Plaintiff seeks an award of attorney’s fees in the amount of $4,800.00. The petition was accompanied by a statement of hours by Plaintiff’s attorney which supports the petition for attorney’s fees. The defendant filed a response indicating that she does not object to the amount requested by the plaintiff. The court has reviewed the fee motion and finds the requested amount reasonable. Accordingly, it is ORDERED that Plaintiff’s petition for attorney’s fees pursuant to the EAJA be granted in the amount of $4,800.00 in attorney’s fees. EAJA fees awarded by this court belong to 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 Page 1 of 2 counsel, Defendant is directed to make the check due pursuant to this Order payable to Plaintiff and delivered to Plaintiff’s counsel. IT IS SO ORDERED. ____________________________________ Paige J. Gossett UNITED STATES MAGISTRATE JUDGE March 24, 2016 Columbia, South Carolina Page 2 of 2

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