Dailey v. Commissioner of Social Security Administration

Filing 31

ORDER granting 28 Motion for Attorney Fees in the amount of $4,400.00. Signed by Honorable Richard M Gergel on 4/6/2015.(cwil, )

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REeflvED IN THE UNITED STATES DISTRICT COU·D'T" C! rx C!iM:I~~'T\t1 ('or I!:L'_, DISTRICT OF SOUTH CAROLINA . ,-:J. lUI5 APR -1 A '1: 3'1 Paula Kay Dailey, Plaintiff, vs. Carolyn W. Colvin, Commissioner of Social Security Administration, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) Civil Action No.1: 14-263-RMG ORDER This matter comes before the Court on joint motion of the parties for an award of attorney's fees under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412, in the amount of $4,400.00. (Dkt. No. 29). The Court has reviewed the joint motion and finds that the stipulated amount by the parties is reasonable and authorized under applicable law. Gisbrecht v. Barnhart, 535 U.S. 789 (2002). Therefore, the Court hereby grants an EAJA award to Plaintiff in the amount of $4,400.00. This award is subject to the Treasury Offset Program, 31 U.S.c. § 3716(c)(1 )(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 due pursuant to this Order payable to Plaintiff and to deliver the check to Plaintiff s counsel. AND IT IS SO ORDERED. -1­ Richard Mark Gergel United States District Judge k, April 2015 Charleston, South Carolina -2­

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