Shaw v. Commissioner of Social Security Administration

Filing 28

ORDER granting 24 MOTION for Attorney Fees under the Equal Access to Justice Act, awarding $5,400.00 in fees. Signed by Honorable Richard M. Gergel on 05/03/2017.(bshr, )

IN THE UNITED STATES DISTRICT COURT

DISTRICT OF SOUTH CAROLINA

William Shaw, III

)
)
)

Plaintiff,

)
Civil Action No. 0: 16-1352-RMG

)

vs.

)
)

Nancy A. Berryhill, Acting Commissioner
of Social Security Administration,

)
)

ORDER

)

Defendant.

)
)

)
This matter comes before the Court on Plaintiffs motion for an award of attorney's fees
under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412. (Dkt. No. 24). Plaintiff
seeks an fee award of $5,400.00 in attorney's fees. (Dkt. No. 24 at 2). The Commissioner has
advised the Court she does not oppose Plaintiffs motion. (Dkt. No. 26).
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
$5,400.00 in attorney's fees. 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 Plaintiffs 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
-1­

due pursuant to this Order payable to Plaintiff and to deliver the check to Plaintiff's counsel.
AND IT IS SO ORDERED.

Richard Mar ergel
United States District Judge
May3 ,2017
Charleston, South Carolina

-2­