Kimble v. Commissioner of the Social Security Administration

Filing 36

ORDER granting 34 Motion for Attorney Fees. The plaintiffs motion for (34) attorney fees, $4,566.20, is granted, and the award of fees shall be made payable to plaintiff. Signed by Honorable Joseph F Anderson, Jr on 12/8/2011.(gnan ) Modified on 12/9/2011 to correct filing date.(gnan ).

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Michael J. Kimble,

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)
Plaintiff,
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v.
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)
Michael J. Astrue,
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Commissioner of Social Security,
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Defendant.
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_______________________________________)

C/A No.: 1:10-2623-JFA

ORDER

This matter is before the court upon motion of the plaintiff for attorney’s fees pursuant
to the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412. The Commissioner has
responded noting that he does not oppose an award of attorney fees, provided that the fees are
awarded directly to plaintiff, not counsel. The Commissioner agrees to pay the plaintiff
$4,566.20 (which represents 23.75 attorney hours at $177.50 per hour and 3.95 paralegal hours
at $88.75 per hour).
Upon review of the material submitted to the court, the plaintiff’s motion for attorney fees
(ECF No. 34) is granted.
Payment of the fees and expenses noted herein shall constitute a complete release from
and bar to any and all claims plaintiff may have relating to EAJA fees in connection with this
action. This award is without prejudice to the right of plaintiff to seek attorney’s fees under
Section 206(b) of the Social Security Act, subject to the offset provisions of the EAJA. Further,
the award of fees shall be made payable to the plaintiff. See Astrue v. Ratliff, 120 S. Ct. 2521,
2524 (2010).
IT IS SO ORDERED.

December 8, 2011
Columbia, South Carolina

Joseph F. Anderson, Jr.
United States District Judge