Ellenburg v. Commissioner of Social Security Administration

Filing 19

ORDER granting 15 Motion for Attorney Fees, awarding a total of $2610.01 pursuant to EAJA. Signed by Honorable Bruce Howe Hendricks on 05/25/2017.(bshr, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA AIKEN DIVISION Miriam Ellenburg, ) ) Plaintiff, ) ) v. ) ) Nancy A. Berryhill, Acting ) Commissioner of Social Security, ) ) Defendant. ) ________________________________) Civil Action No. 1:16-3120-BHH ORDER This matter is before the Court upon Plaintiff’s motion for attorney’s fees pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412. In her motion, Plaintiff seeks attorney’s fees in the amount of $2,590.00, representing 5.5 attorney hours at the hourly rate of $185.00 and 17 paralegal hours at the hourly rate of $92.50, as well as $20.01 in expenses. On May 22, 2017, Defendant filed a response notifying the Court that she does not oppose Plaintiff’s motion. Therefore, after review, it is hereby ORDERED that Plaintiff’s motion (ECF No. 15) is granted, and Plaintiff is awarded a total of $2610.01 pursuant to EAJA. 1 IT IS SO ORDERED. s/Bruce Howe Hendricks Bruce Howe Hendricks United States District Judge May 25, 2016 Charleston, South Carolina 1 As the Supreme Court made clear in Astrue v. Ratliff, attorney’s fees under EAJA are made payable to the prevailing litigant and not to the litigant’s attorney. 560 U.S. 586, 598 (2010) (holding that the plain text of EAJA requires that attorney’s fees be awarded to the litigant, thus subjecting EAJA fees to an offset of any pre-existing federal debts).

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