Hardee v. Commissioner of the Social Security Administration

Filing 34

ORDER granting 32 Motion for Attorney Fees. Plaintiff is awarded attorney fees pursuant to EAJA in the amount of $5,604.02 plus costs of $350.00. Signed by Magistrate Judge Thomas E Rogers, III on 11/15/2012.(gnan )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION

JOHNNY D. HARDEE,

)
)
Plaintiff,
)
)
v.
)
)
MICHAEL J. ASTRUE,
)
COMMISSIONER OF SOCIAL
)
SECURITY,
)
)
Defendant.
)
____________________________________)

CIVIL ACTION 4:11-CV-00931-TER

ORDER

On October 23, 2012, the Plaintiff filed a motion for attorney’s fees pursuant to the Equal
Access to Justice Act (“EAJA”), 42 U.S.C. § 2412(d) in the amount of $5,604.02 and costs of
$350.00 for a total of $5,954.02. On November 9, 2012, Defendant filed a response stating that
Defendant does not object to the amount of EAJA fees requested and agrees to pay Plaintiff
$5,604.02 in attorney fees, plus $350.00 in costs for the filing fee and that the award would be
without prejudice to the rights of Plaintiff’s counsel to seek attorney’s fees under Section 206(b)
of the Social Security Act, 42 U.S.C. §406(b), subject to the offset provisions of the EAJA.

Therefore, it is
ORDERED that Plaintiff’s motion (doc. #32) as outlined above is granted, and Plaintiff1
is awarded attorney fees pursuant to EAJA in the amount of $5,604.02 plus costs of $350.00 for
the filing fee.

1

See Payton v. Astrue, 2012 WL 1859193 (D.S.C. May 22, 2012).
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IT IS SO ORDERED.
s/Thomas E. Rogers, III
Thomas E. Rogers, III
United States Magistrate Judge

November 15, 2012
Florence, South Carolina

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