Buncumb v. Commissioner of Social Security Administration

Filing 21

ORDER granting 18 MOTION for Attorney Fees pursuant to EAJA, awarding $4,027.32 in fees. Signed by Magistrate Judge Paige J. Gossett on 11/17/2022.(bshr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Beverly Ann Buncumb,
Plaintiff,
v.
Kilolo Kijakazi, Acting Commissioner of the
Social Security Administration,
Defendant.

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C/A No. 0:22-1209-PJG
ORDER

Plaintiff seeks an award of attorney’s fees pursuant to the Equal Access to Justice Act
(“EAJA”) in the amount of $4,027.32. (ECF No. 18); see 28 U.S.C. § 2412. The motion was
accompanied by a statement of hours and expenses by Plaintiff’s attorney which supports the
motion. Defendant filed a response indicating that she does not object to the amount requested by
Plaintiff. (ECF No. 19.)
The court has reviewed the motion, 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. See Grisbrecht v. Barnhart, 535 U.S. 789, 796 (2002).
Accordingly, it is
ORDERED that Plaintiff be granted attorney’s fees pursuant to the EAJA in the amount
of $4,027.32. 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 counsel, Defendant is

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directed to make the check due pursuant to this Order payable to Plaintiff and delivered to
Plaintiff’s counsel.
IT IS SO ORDERED.

November 17, 2022
Columbia, South Carolina

__________________________________________
Paige J. Gossett
UNITED STATES MAGISTRATE JUDGE

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