Parnell v. Commissioner of the Social Security Administration

Filing 31

ORDER granting 29 Motion for Attorney Fees pursuant to the EAJA in the amount of $4,538.40. Plaintiff shall also be paid $18.33 in costs from the Judgment Fund. Signed by Honorable J Michelle Childs on 11/4/2014.(gnan )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA FLORENCE DIVISION CHRISTOPHER SAMUEL PARNELL, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) Civil Action No. 4:13-cv-0435-JMC ORDER This matter is before the Court on motion for entry of an order on payment of attorney’s fees pursuant to the Equal Access to Justice Act (AEAJA@). See 28 U.S.C. ' 2412. The parties stipulated to payment of $4,538.40 as an award of attorney=s fees and costs in the amount of $18.66. The Court has reviewed the motion and settlement agreement and finds the compromise settlement reasonable. Accordingly, IT IS ORDERED that attorney’s fees pursuant to the EAJA be granted in the amount of $4,538.40 in attorney=s fees. 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)). In the event Plaintiff has no present debt subject to offset and Plaintiff has executed a proper assignment to Plaintiff’s counsel, Defendant is directed to make the payment due to Plaintiff’s counsel. If Plaintiff has no debt subject to offset and no proper assignment has been made by Plaintiff to counsel, Defendant is directed to make the check due pursuant to this Order payable to Plaintiff and delivered to Plaintiff’s counsel. Plaintiff shall also be paid $18.33 in costs from the Judgment Fund pursuant to 28 U.S.C. § 2412(a)(1). J. Michelle Childs United States District Judge November 4, 2014

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