Pinckney v. Commissioner of Social Security Administration
ORDER granting 28 First MOTION for Attorney Fees Under EAJA, awarding fees in the amount of $5,325.85. Signed by Honorable Richard M. Gergel on 09/26/2017.(bshr, )
IN THE UNITED ST ATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
Katrina Tonecia Pinckney,
Civil Action No. 0: 15-5059-RMG
Nancy A. Berryhill, Acting Commissioner
of Social Security Administration,
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. 28). Plaintiff
seeks an fee award of $5 ,325.85. (Dkt. No. 28-2). The Commissioner has advised the Court she
does not oppose Plaintiff's motion. (Dkt. No. 30).
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 fee award to Plaintiff in the amount of
$5 ,325.85. 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 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 Plaintiffs counsel.
AND IT IS SO ORDERED.
September 'U,, 201 7
Charleston, South Carolina
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?