Nalley v. Commissioner of the Social Security Administration

Filing 25

ORDER granting 19 Motion for Attorney Fees. IT IS ORDERED that the Commissioner is to pay plaintiff $5,100.00 (34 hrs x $150.00 per hour) in attorney fees, and the award of fees should be made payable to plaintiff. Signed by Honorable Joseph F Anderson, Jr on 10/20/2010.(gnan )

UNITED STATES DISTRICT COURT F O R THE DISTRICT OF SOUTH CAROLINA T o d d Nalley, ) ) P l a in tif f , ) v. ) ) M ic h a el J. Astrue, ) C o m m is s io n e r of Social Security, ) ) D e f e n d a n t. ) _______________________________________) C/A No.: 4:10-191-JFA-TER

ORDER

T h is matter is before the court upon motion of the plaintiff's counsel, Carole M. D e n n is o n , for attorney fees pursuant to the Equal Access to Justice Act, (EAJA) 28 U.S.C. § 2412. The Commissioner has responded noting that he will not oppose the petition for a tto rn e y fees. As a result, the Commissioner agrees to pay plaintiff $5,100 (which represents 3 4 hours x $150 per hour) of legal services performed by his attorney. Upon review of the material submitted to the court, the plaintiff's motion for attorney f e es is granted. P a ym e n t of the fees and expenses noted herein shall constitute a complete release f ro m and bar to any and all claims plaintiff may have relating to EAJA fees in connection w ith this action. This award is without prejudice to the right of plaintiff to seek attorney fees u n d e r Section 206(b) of the Social Security Act, subject to the offset provisions of the EAJA. F u r th e r, the award of fees should be made payable to plaintiff. See Stephens ex rel. R.E. v. A s tr u e , 565 F.3d 131 (4th Cir. 2009). IT IS SO ORDERED.

O ctob er 20, 2010 C o lu m b ia , South Carolina

J o s e p h F. Anderson, Jr. U n ite d States District Judge