Dewitt v. Commissioner of Social Security

Filing 37

ORDER re 35 Joint Stipulation to an Award for Attorney's Fees Pursuant to the Equal Access to Justice Act, awarding $3,800.00 in attorney's fees and $350.00 in costs. Signed by Honorable Mary G. Lewis on 10/03/2014.(bshr, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA COLUMBIA DIVISION BRENDA DARLENE DEWITT, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) Civil Action No. 3:11-03395-MGL ORDER This matter is before the Court on Plaintiff=s Motion for an Award of Attorney=s Fees pursuant to the Equal Access to Justice Act (AEAJA@) filed September 10, 2008. See 28 U.S.C. ' 2412. The Commissioner filed a Joint Stipulation to an Award of EAJA fees on September 29, 2014, in which she notified the Court that the parties agreed to a compromise settlement in which Defendant agrees to pay Plaintiff $3,800.00 in attorney=s fees, and $350.00 in costs. The Court has reviewed the fee motion and response and finds the compromise settlement reasonable. Accordingly, IT IS SO ORDERED that the Plaintiff=s motion for attorney=s fees and costs pursuant to the EAJA be granted in the amount of $3800 in attorney=s fees and $350.00 in costs. Payment shall be made payable to the Plaintiff pursuant to Astrue v Ratliff, 130 S. Ct. 2521 (2010) and mailed to Plaintiff’s attorney. EAJA fees awarded by this Court belong to the Plaintiff and are subject to offset under the Treasury Offset Program (31 U.S.C. ' 3716(c)(3)(B) (2006)). Plaintiff shall also be paid $350.00 in costs from the Judgment Fund pursuant to 28 U.S.C. § 2412(a)(1) s/Mary G. Lewis ______________________________ MARY G. LEWIS United States District Judge Dated: October 3, 2014 Spartanburg, South Carolina 2

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