Venditti v. Commissioner of the Social Security Administration

Filing 26

ORDER granting 23 Motion for Attorney Fees: The Court hereby grants an EAJA fee award to Plaintiff in the amount of $4,235.00 in fees, $407 in costs, and $20.19 in expenses. Signed by Honorable Richard M Gergel on 10/12/2017.(gnan )

IN THE UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA

Susan Mary Venditti,

Plaintiff,
vs.
Nancy A. Berryhill, Acting Commissioner
of Social Security Administration,
Defendant.

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Civil Action No. 4:16-1630-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. 23). Plaintiff
seeks an fee award of $4,235.00, $407.00 in costs, and $16.00 in expenses. (Dkt. No. 23-1at67). The Commissioner has advised the Court she does not oppose Plaintiffs motion. (Dkt. No.
24).
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
$4,235 .00 in fees, $407 in costs, and $20.19 in expenses. This award is subject to the Treasury
Offset Program, 31 U.S.C. § 3 716(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

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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 Plaintiffs counsel.
AND IT IS SO ORDERED.

United States District Judge
October 11., 2017
Charleston, South Carolina

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