Jenkins v. Commissioner of Social Security Administration
ORDER granting 33 Consent MOTION for Attorney Fees under the Equal Access to Justice Act, awarding $6,750.00 in fees. Signed by Honorable Richard M. Gergel on 04/26/2017.(bshr, )
IN THE UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
Elyse D. Jenkins,
Nancy A. Berryhill, Acting Commissioner
of Social Security Administration,
Civil Action No. 1:16-1237-RMG
This matter comes before the Court on Plaintiff's motion for an award of attorney's fees
under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412. (Dkt. No. 33). Plaintiff
seeks an fee award of $6,750.00 in attorney's fees. The Commissioner has advised the Court
she does not oppose Plaintiffs motion. (Dkt. No. 34).
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. Gisbrecht v. Barnhart, 535 U.S.
789 (2002). Therefore, the Court hereby grants an EAJA fee award to Plaintiff in the amount of
$6,750.00. 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 Plaintiff s
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 payabJe to Plaintiff and to deliver the check to Plaintiffs counse1.
AND IT IS SO ORDERED.
United States District Judge
April ),b, 201 7
Charleston, South Carolina
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