Sumter v. Commissioner of the Social Security Administration

Filing 35

ORDER granting 33 Motion for Attorney Fees: The Court hereby grants an attorney's fee award to Plaintiff in the amount of $4,354.23. Signed by Honorable Richard M Gergel on 5/28/2014.(gnan )

IN THE UNITED STATES DISTRICT COURT

DISTRICT OF SOUTH CAROLINA

Maurice Sumter,
Plaintiff,
vs.
Carolyn W. Colvin, Acting Commissioner
of Social Security Administration,

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Civil Action No. 5: 12-2223-RMG

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. 33). Plaintiff
seeks an award of $4,354.23 in attorney's fees, representing 1.70 hours of attorney time at a rate
of$177.91 per hour for calendar year 2011, 19.90 hours of attorney time at a rate of $184.76 per
hour for calendar year 2013 and 2.00 hours of attorney time at a rate of$187.53 per hour for
calendar year 2014. (Dkt. No. 33-4). The Commissioner has advised the Court she does not
oppose Plaintiffs motion. (Dkt. No. 34).
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 attorney's fee award to Plaintiff in the amount
of$4,354.23. This award is subject to the Treasury Offset Program, 31 U.S.C. § 3716(c)(B). In
the event Plaintiff has no present debt subject to offset, 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.

Richard Mark Gergel
United States District Judge
May~ 2014
Charleston, South Carolina

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