Clark v. Commissioner of the Social Security Administration
ORDER granting 22 Motion for Attorney Fees pursuant to an EAJA fee award to Plaintiff in the amount of $3,140.63 in fees, and $22.25 in expenses. Signed by Honorable Richard M Gergel on 1/8/2018.(gnan )
IN THE UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
Melissa Gail Clark,
Civil Action No. 4: 16-3571-RMG
Nancy A. Berryhill, Acting Commissioner
of Social Security Administration,
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. 22). Plaintiff
seeks an fee award of $3 ,140.63 and $22.25 in expenses. The Commissioner has advised the
Court she does not oppose Plaintiffs motion. (Dkt. No. 23).
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 ,140.63 in fees , and $22.25 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 Plaintiffs 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 Plaintiffs
AND IT IS SO ORDERED.
Richard Mark Gergel
United States District Judge
January 1_, 2018
Charleston, South Carolina
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