Poston v. Commissioner of Social Security Administration

Filing 26

ORDER granting 23 Motion for Attorney Fees per Rule 406b, awarding fees in the amount of $3,529.55. Signed by Honorable Margaret B Seymour on 01/30/2018.(bshr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Joseph Edward Poston,

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) C/A No. 1:17-0345-MBS
Plaintiff,
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)
vs.
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ORDER
Nancy A. Berryhill, Acting Commissioner
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of Social Security,
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Defendant.
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_____________________________________ )
Plaintiff Joseph Edward Poston brought this action to obtain judicial review of a final decision
of Defendant Commissioner of Social Security denying Plaintiff's application for disability insurance
benefits. By order filed December 7, 2017, the case was reversed pursuant to sentence four of 42 U.S.C.
§ 405(g) and remanded to the Commissioner for further proceedings.
This matter now is before the court on Plaintiffs motion for attorney's fees under the Equal
Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), which motion was filed January 4, 2018. Counsel
moves for attorneys’ fees in the amount of $4,175.00 and expenses in the amount of $29.55. On January
16, 2018, the Commissioner filed a Stipulation for An Award of Attorney’s Fees, indicating that counsel
has agreed to attorneys’ fees in the amount of $3,500.00 and expenses in the amount of $29.55.
Plaintiff's motion for fees under the EAJA (ECF No. 23) is granted in the amount of $3,529.55
($3,500.00 + $29.55), to be paid in accordance with the procedures set forth in the Commissioner’s
response.
IT IS SO ORDERED.
/s/ Margaret B. Seymour
Senior United States District Judge
Columbia, South Carolina
January 30, 2018