Hamilton v. Commissioner of the Social Security Administration

Filing 32

ORDER granting 29 Motion for Attorney Fees: The court grants Plaintiff's request for EAJA attorney's fees and costs in the amount of $3,310.03 and directs the Commissioner to pay such fees to Plaintiff forthwith. Signed by Magistrate Judge Kaymani D West on 3/18/2015.(gnan )

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
Rhonda D. Hamilton,
Plaintiff,

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

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C/A No. 5:13-2577-KDW

ORDER

This matter comes before the court on Plaintiff’s application for an award of attorney’s fees
under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412. ECF No. 29. Plaintiff documents
17.16 hours of work by her counsel on this matter (5 hours in 2013, 11.58 hours in 2014, and .58 hours
in 2015), as well as $25.04 in expenses, for which she seeks an award of fees and expenses totaling
$3,310.03. ECF Nos. 29-1, 29-2.1 The Commissioner does not object to Plaintiff’s Motion. See Def.’s
Resp. to Pl.’s Pet. for Attorney Fees, ECF No. 30. The Motion is granted.
The court has considered Plaintiff’s fee application and finds Plaintiff satisfies the criteria for
such an award and determines the time and rates sought to be reasonable and in accord with applicable
law. Having considered Plaintiff’s application, and in light of the Commissioner’s response, the court
grants Plaintiff’s request for EAJA attorney’s fees and costs in the amount of $3,310.03 and directs the
Commissioner to pay such fees to Plaintiff forthwith. Pursuant to Astrue v. Ratliff, 560 U.S. 965
(2010), the check is to be made payable to Plaintiff as the prevailing party rather than to her attorney.
See id. at 591-98 (finding EAJA award payable to prevailing party and subject to the Treasury Offset
Program if that party owes a debt to the government at the time of the fee award). However, as agreed

1

At an hourly rate of $189.31 in 2013, $192.15 in 2014, and $195.44 in 2015, the attorney’s fees
requested total $3,284.99. See ECF Nos. 29-1, 29-2.

by the Com
mmissioner, see ECF No. 30 at 1, the check i s to be ma
N
ailed to the office of Pl
laintiff’s
attorney.
S
ERED.
IT IS SO ORDE

March 18, 2015
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Florence, So
outh Carolin
na

Kaymani D West
D.
United Stat Magistrat Judge
tes
te

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