Elmore v. Commissioner of Social Security Administration

Filing 28

ORDER granting 25 MOTION for Attorney Fees under the EAJA, awarding $7,283.55. Signed by Honorable Richard M. Gergel on 10/14/2015.(bshr, )

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IN THE UNITED STATES DISTRICT COURT DISTRICT OF SOUTH CAROLINA Tracy G. Elmore, Plaintiff, ) ) ) ) ) vs. Carolyn W. Colvin, Commissioner of Social Security Administration, Civil Action No.1 :14-4144-RMG ) ) ) ) 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. 25). Plaintiff seeks an attorney fee award of$7,283.55, representing 39.1 hours of attorney time at $186.28 per hour. (Id at 4). The Commissioner has advised the Court she does not oppose Plaintiffs motion. (Okt. 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. Barber v. Kimbrell's, Inc., 577 F.2d 216 (4th Cir. 1978). Therefore, the Court hereby grants an EAJA award to Plaintiff in the amount of$7,283.55. This award is subject to the Treasury Offset Program, 31 U.S.C. § 3716(c)(I)(8). In the event Plaintiff has no present debt subject to offset and Plaintiffhas 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 -1­ 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. Octoberl\.f, 2015 Charleston, South Carolina -2­

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