Daniels v. Commissioner of the Social Security Administration
Filing
26
ORDER granting 23 Motion for Attorney Fees under the EAJA in the amount of $6,738.32 and $400.00 in costs per 24 Stipulation. Signed by Honorable Richard M Gergel on 9/11/2019.(gnan )
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C013~tt c;1 \HLESTON, SC
DISTRICT OF SOUTH CAROLINA 2019 SEP I I AH IQ: 59
IN THE UNITED STATES DISTRICT
James Phillip Daniels,
Plaintiff,
VS.
Andrew Saul, Commissioner
of Social Security Administration,
Defendant.
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Civil Action No. 4:18-174-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). The parties
have jointly stipulated to an award of$6,738.32 in attorney's fees and $400.00 in costs. (Dkt. No.
24).
The Court has reviewed the proposed stipulation, as well as the supporting underlying
documentation, and finds that the total fee is reasonable and authorized under applicable law.
Barber v. Kimbrell's, Inc. 577 F.2d 216 (4th Cir. 1978); Local Rule 54.02 (D.S.C.). Therefore,
the Court hereby grants an EAJA award to Plaintiff in the amount of $6,738.32 in attorney's fees
and $400.00 in costs. 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
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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
l
September l 2019
Charleston, South Carolina
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