Kay v. Commissioner of the Social Security Administration

Filing 27

ORDER granting 24 Motion for Attorney Fees. The court grants Plaintiff's request for EAJA attorney's fees in the amount of $3333.83 and directs the Commissioner to pay such fees to Plaintiff forthwith. Signed by Magistrate Judge Kaymani D West on 10/28/2014.(gnan )

UNIT
TED STATE DISTRIC COURT
ES
CT
DIST
TRICT OF SOUTH CAR
S
ROLINA
April Mari Kay,
ia
Plaintiff,
P

vs.
Carolyn W. Colvin, Ac
W
cting Comm
missioner
of Social Security Adm
S
ministration,
Defendant.
D

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C/A No. 5
5:13-909-KD
DW

O
ORDER

s
mes
he
application for an awar of attorne
rd
ey’s fees
This matter com before th court on Plaintiff’s a
under the Equal Access to Justice Act (“EAJA” 28 U.S.C § 2412. EC No. 24. Plaintiff documents
A
”),
C.
CF
15.6 hours of work by her counsel on this matt for whic she seeks a fee award of $2957.2 ECF
o
h
ter,
ch
s
21.
No. 24-1. She also seek reimburse
S
ks
ement of $3
376.62 in acc
crued costs and expenses, making the total
award amou sought $3333.83. Id. The Com
unt
I
mmissioner d
does not ob
bject to Plai
intiff’s Motion. See
Def.’s Resp. to Pl.’s Pet for Attorne Fees, ECF No. 25.
t.
ey
F
The court has co
onsidered Plaintiff’s Peti
ition and fin Plaintiff satisfies the criteria for such an
nds
f
e
award and finds the tim and rates sought to be reasonable and in acco with app
f
me
e
e
ord
plicable law. Having
.
considered Plaintiff’s Pe
P
etition, and in light of th Commissi
i
he
ioner’s respo
onse, the cou grants Pl
urt
laintiff’s
request for EAJA attorn
E
ney’s fees in the amount of $3333.83 and directs the Comm
n
t
3
missioner to p such
pay
fees to Plain
ntiff forthwit Pursuant to Stephens v. Astrue, 5 F.3d 131, 137 (4th Cir. 2009), p
th.
t
s
565
payment
should be made directly to Plaintiff as the preva
m
y
ailing party r
rather than to her attorne
o
ey.
IT IS SO ORDE
S
ERED.

October 28, 2014
Florence, So
outh Carolin
na

Kaymani D West
D.
United Stat Magistrat Judge
tes
te