Johnson v. Commissioner of the Social Security Administration

Filing 30

ORDER granting 27 Motion for Attorney Fees: The Court hereby grants an EAJA award to Plaintiff in the amount of $4,181.92. Signed by Honorable Richard M Gergel on 3/1/2016.(gnan )

IN THE UNITED STATES DISTRICT COURT

DISTRICT OF SOUTH CAROLINA

Marty Dale Johnson,

Plaintiff,
vs.
Carolyn W. Colvin, Acting Commissioner
of Social Security Administration,
Defendant.

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Civil Action No. 4:14-4186-RMG

ORDER

This matter comes before the Court on Plaintiffs motion for an award of attorney's fees
under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412. (Dkt. No. 27). Plaintiff
seeks an attorney fee award of$4,181.92, representing 22.3 hours of attorney time at $187.53 per
hour. (Dkt. No. 27-3). The Commissioner has advised the Court she does not oppose Plaintiffs
motion. (Dkt. No. 28).
The Court has reviewed the motion and memorandum of Plaintiff, as well as the
supporting underlying documentation, and finds that the total fee request, hours expended, and
hourly rates are reasonable and authorized under applicable law. Barber v. Kimbrell's, Inc., 577
F.2d 216 (4th Cir. 1978). Therefore, the Court hereby grants an EAJA award to Plaintiff in the
amount of $4, 181.92. This award is subject to the Treasury Offset Program, 31 U.S.C. §
3716(c)(1)(B). In the event Plaintiff has no present debt subject to offset and Plaintiff has
executed a proper assignment to her counsel, Defendant is directed to make the payment due
herein to Plaintiffs counsel. If Plaintiff has no present debt subject to offset and no proper
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assignment has been made by Plaintiff to her counsel, Defendant is directed to make the check
due pursuant to this Order payable to Plaintiff and to deliver the check to Plaintiff s counsel.
AND IT IS SO ORDERED.

March _\,2016
Charleston, South Carolina

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