Anosike v. Commissioner of the Social Security Administration

Filing 35

ORDER granting 32 Motion for Attorney Fees: The Court hereby ORDERS that the Joint Stipulation for Attorney Fees Pursuant to the Equal Access to Justice Act is APPROVED, and the Commissioner is ordered to award Plaintiff $3,500.00 in attorney's fees and $18.33 in expenses. Signed by Chief Judge Terry L Wooten on 10/9/2014.(gnan )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA FLORENCE DIVISION EBERECHUKWU ANOSIKE, ) ) Plaintiff, ) ) vs. ) ) CAROLYN W. COLVIN, ) COMMISSIONER OF SOCIAL ) SECURITY ADMINISTRATION, ) ) Defendant. ) ___________________________________ ) Case No. 4:13-cv-00813-TLW ORDER On September 21, 2014, Plaintiff Eberechukwu Anosike brought a motion for attorney’s fees pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412. (Doc. #32). The motion seeks reimbursement for counsel’s representation in the above-captioned matter in the amount of $5,245.20 for fees and $18.33 for costs. On October 7, 2014, the parties filed a Joint Stipulation for Attorney Fees, whereby the Commissioner and Plaintiff agreed that the Commissioner shall award Plaintiff $3,500.00 in attorney’s fees and $18.33 in expenses under the EAJA. (Doc. #33). Having reviewed the file and being fully advised, the Court hereby ORDERS that the Joint Stipulation for Attorney Fees Pursuant to the Equal Access to Justice Act is APPROVED, and the Commissioner is ordered to award Plaintiff $3,500.00 in attorney’s fees and $18.33 in expenses. (Doc. #33). Although the EAJA fee award should be paid to Plaintiff rather than to his attorney pursuant to Astrue v. Ratliff, 130 S. Ct. 2521, 2528-29 (2010), the check itself should be mailed directly to Plaintiff’s attorney. IT IS SO ORDERED. s/ Terry L. Wooten Terry L. Wooten Chief United States District Judge October 9, 2014 Columbia, South Carolina

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