Ferguson v. Commissioner of the Social Security Administration

Filing 45

ORDER granting 43 Motion for Attorney Fees to Plaintiff in the amount of $3,228.98. 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 3/31/2014.(gnan )

IN THE UNITED STATES DISTRICT COURT

DISTRICT OF SOUTH CAROLINA

Kimberly Ferguson,
Plaintiff,
vs.
Carolyn W. Colvin, Acting Commissioner
of Social Security Administration,
Defendant.

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Civil Action No. 5:13-15-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. 43). Plaintiff
seeks an award of$3,228.98, representing 1.40 hours of attorney time at $181.67 per hour for the
calendar year 2012 and 16.10 hours of attorney time at $184.76 per hour for calendar year 2013.
(Dkt. No. 43-2). The Commissioner has advised the Court she does not oppose Plaintiff's
motion. (Dkt. No. 44).
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 $3,228.98. 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
due pursuant to this Order payable to Plaintiff and to deliver the check to Plaintiff's counsel.

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AND IT IS SO ORDERED.

United States District Judge
March 3 I, 2014
Charleston, South Carolina

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