Thomas v. Commissioner of the Social Security Administration

Filing 39

ORDER granting 35 Motion for Attorney Fees: IT IS ORDERED that Plaintiff shall be awarded Four Thousand One Hundred dollars and Zero cents ($4,100.00) in attorney's fees under the EAJA, and Sixteen dollars and Zero cents($16.00) in expenses. Signed by Honorable Cameron McGowan Currie on 3/29/2017.(gnan )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA FLORENCE DIVISION Cynthia Ann Thomas, Civil Action No. 4:16-cv-230-CMC Plaintiff, vs. ORDER Nancy A. Berryhill1, Acting Commissioner of Social Security, Defendant. On March 9, 2017, Plaintiff’s attorney filed a petition for attorney’s fees pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412. ECF No. 35. The petition seeks an award of $4,417.88, representing 23.1 attorney hours at the rate of $191.25 per hour, and $16.00 in expenses. Id. On March 23, 2017, the parties filed a Stipulation for Attorney’s Fees under the EAJA. ECF No. 36. The court has reviewed the fee petition and the parties’ stipulation wherein the parties stipulate, subject to the approval of the court, Plaintiff should be awarded compensation for all legal services rendered in the amount of $4,100 in attorney’s fees and $16.00 in expenses. Accordingly, pursuant to the parties’ stipulation, IT IS ORDERED that Plaintiff shall be awarded Four Thousand One Hundred dollars and Zero cents ($4,100.00) in attorney’s fees under the EAJA, and Sixteen dollars and Zero cents ($16.00) in expenses. 1 Ms. Berryhill is now the Acting Commissioner of Social Security and will be substituted for Carolyn W. Colvin as the defendant in this suit, pursuant to 42 U.S.C. § 405(g) (“Any action instituted in accordance with this subsection shall survive notwithstanding any change in the person occupying the office of Commissioner of Social Security or any vacancy in such office.”). These fees are to be made payable to Cynthia Ann Thomas and delivered by Defendant to the business address of Plaintiff’s counsel. IT IS SO ORDERED. s/ Cameron McGowan Currie CAMERON MCGOWAN CURRIE Senior United States District Judge Columbia, South Carolina March 29, 2017 2

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