Goodwin v. Commissioner of the Social Security Administration

Filing 34

ORDER granting 31 Motion for Attorney Fees; terminating 32 Motion to Stay.The Court hereby grants an attorney's fee award to Plaintiff in the amount of $6,053.12, expenses of $35.60 and costs of $7.00. Defendant is directed to make the check due pursuant to this Order payable to Plaintiff and to deliver the check to Plaintiff's counsel. Signed by Honorable Richard M Gergel on 10/19/2013.(gnan )

IN THE UNITED STATES DISTRICT Cf»d~!r
DISTRICT OF SOUTH CAROLINA··

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ZDIl OCT 21 A II: 51
Elvis Dwight Goodwin,
Plaintiff,
vs.
Carolyn W. Colvin, Acting Commissioner
of Social Security Administration,

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Civil Action No. 5: 12-3222-RMG

ORDER

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Defendant.

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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. 31). Plaintiff
seeks an award of$ 6,053.12 for attorney's fees, based upon 32.5 hours of attorney time at a rate
of$186.25, $35.60 in expenses and $ 7.00 for costsl. (Dkt. No. 31-1 at 5-6). The Defendant has
advised the Court that she has no objection to the grant of the requested award to Plaintiff. (Dkt.
No. 33).2
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,
hourly rate, expenses and costs 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

1 Costs are paid from the Judgment Fund of the United States Treasury, 28 U.S.C.
§ 2412(c)(J).

2 The Commissioner moved on October 16,2013 for a stay of the proceedings because of
the absence of an appropriation for the Department of Justice. (Dkt. No. 32). In light of the
recent adoption of a continuing resolution, the Court finds this motion is now moot.

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Plaintiff in the amount of$ 6,053.12, expenses of$35.60 and costs of$7.00.
Defendant has indicated a willingness to pay the EAJA fees directly to counsel with a
proper assignment executed by Plaintiff so long as the EAJA award is not subject to offset. (Dkt.
No. 33 at 1-2). In the event a duly executed assignment is not provided by Plaintiff and the
amount due is not applied to a debt due under the Treasury Offset Program, Defendant is directed
to make the check due pursuant to this Order payable to Plaintiff and to deliver the check to
Plaintiff s counsel.
AND IT IS SO ORDERED.

Richard Mark Ger
United States District Judge
October!j 2013
Charleston, South Carolina

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