Penfield v. Commissioner of the Social Security Administration
Filing
26
ORDER granting 22 Motion for Attorney Fees: The Court hereby grants an EAJA fee award to Plaintiff in the amount of $3,225.00 for attorney fees and $20.01 in expenses. Signed by Honorable Richard M Gergel on 12/15/2017.(gnan )
IN THE UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
Robert Penfield,
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)
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Plaintiff,
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Civil Action No. 4:16-3342-RMG
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vs.
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Nancy A. Berryhill, Acting Commissioner
of Social Security Administration,
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)
ORDER
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Defendant.
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)
This matter comes before the Court on Plaintiff's motion for an award of attorney' s fees
under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412. (Dkt. No. 22). Plaintiff
seeks an fee award of $3 ,225.00 and expenses of$20.0l. The Commissioner has advised the
Court she does not oppose Plaintiff's motion. (Dkt. No. 25).
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
$3 ,225 .00 for attorney fees and $20.01 in expenses. This award is subject to the Treasury Offset
Program, 31 U.S .C. § 3716(c)(l)(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
-1-
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
iS:
2017
December
Charleston, South Carolina
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