Elmore v. Commissioner of Social Security Administration
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, )
IN THE UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
Tracy G. Elmore,
Carolyn W. Colvin, Commissioner
of Social Security Administration,
Civil Action No.1 :14-4144-RMG
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
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.
Charleston, South Carolina
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