Martin v. Commissioner of the Social Security Administration

Filing 33

ORDER granting 31 Motion for Attorney Fees under the Equal Access to Justice Act. The plaintiff is awarded the total amount of $5,132.32, for attorney's fees in the amount of $5,112.00 (31.95 hours at $160.00 per hour) and costs in the amount of $20.32. Signed by Chief Judge Terry L Wooten on 1/30/2013.(gnan )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION
Sherry Rene Martin,
Plaintiff,
vs.
Michael J. Astrue, Commissioner of
Social Security Administration,
Defendant.

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Civil Action No.: 4:11-cv-01330-TLW

ORDER
Before the Court is the plaintiff’s motion for attorney’s fees and costs pursuant to the Equal
Access to Justice Act (“EAJA”), 28 U.S.C. § 2412. (Doc. #31). The plaintiff, Sherry Rene Martin
(“plaintiff”), brought this action pursuant to 42 U.S.C. §§ 405(g) and 1383(c)(3) to obtain judicial
review of a final decision of the defendant, Commissioner of Social Security Administration
(“Commissioner” or “defendant”), denying her claims. (Doc. #1).
This case was referred to United States Magistrate Judge Thomas E. Rogers, III pursuant to
the provisions of 28 U.S.C. § 636(b)(1)(B) and Local Rule 73.02(B)(2), D.S.C. On June 21, 2012,
the Magistrate Judge issued a Report and Recommendation (the “Report”) recommending that the
Commissioner’s decision be reversed pursuant to 42 U.S.C. §§ 405(g), sentence four, and
1383(c)(3), and that the case be remanded to the Commissioner. (Doc. #21). On July 6, 2012, the
Commissioner filed objections to the Magistrate Judge’s Report. (Doc. #23). On July 11, 2012,
plaintiff filed a Reply to the Commissioner’s objections. (Doc. #26). On September 25, 2012, this
Court accepted the Magistrate Judge’s Report and Recommendation. (Doc. #28).

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On December 12, 2012, counsel for the plaintiff filed a motion for attorney’s fees and costs
pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412. (Doc. #34). In the motion,
counsel for the plaintiff seeks reimbursement for counsel’s representation in this matter in the total
amount of $5,132.32, for attorney’s fees in the amount of $5,112.00 (31.95 hours at $160.00 per
hour) and costs in the amount of $20.32. (Doc. #31-2). On December 18, 2012, the Commissioner
filed a Response to plaintiff’s motion, in which the Commissioner notifies the Court that he does not
oppose plaintiff’s motion. (Doc. #32).
Based on the foregoing and after carefully considering the briefs and materials submitted by
the parties, the Court finds counsel’s request for fees reasonable. IT IS HEREBY ORDERED that
Plaintiff’s Motion for Attorney’s Fees Under the Equal Access to Justice Act (Doc. #31) is
GRANTED. Accordingly, the plaintiff is awarded the total amount of $5,132.32, for attorney’s fees
in the amount of $5,112.00 (31.95 hours at $160.00 per hour) and costs in the amount of $20.32.
IT IS SO ORDERED.
s/ Terry L. Wooten
TERRY L. WOOTEN
Chief United States District Judge
January 30, 2013
Columbia, South Carolina

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