Baker v. Commissioner of the Social Security Administration
ORDER granting 27 Motion for EAJA Attorney Fees to Plaintiff in the amount of $2,719.19. Signed by Honorable Richard M Gergel on 2/7/2017.(gnan )
IN THE UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
Melvin C. Baker,
Nancy A. Berryhill, Acting Commissioner
of Social Security Administration,
Civil Action No. 4:15-3599-RMG
This matter comes before the Court on Plaintiff's motion for an award of attomey's fees
under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412. (Dkt. No. 27). Plaintiff
seeks an fee award of$2,719.19, representing 14.5 hours of attorney time at $187.53 per hour.
(Dkt. No. 23-1. The Commissioner has advised the Court she does not oppose Plaintiff's
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. Gisbrecht v. Barnhart, 535 U.S.
789 (2002). Therefore, the Court hereby grants an EAJA fee award to Plaintiff in the amount of
$2,719.19. 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 Plaintiff's
counsel. If Plaintiff has no present debt subject to offset and no proper 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.
Richard Mar Gergel
United States District Judge
February ? ,2017
Charleston, South Carolina
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