Dawkins v. Commissioner of the Social Security Administration

Filing 33

ORDER: The Court hereby ORDERS that the motion for the award of attorney's fees pursuant to the EAJA, ECF No. 30 , is APPROVED, and the Commissioner is ordered to award Plaintiff $3,054.92 in attorney's fees. Signed by Chief Judge Terry L Wooten on 8/2/2017.(gnan )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ORANGEBURG DIVISION

Andre Dawkins,

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Plaintiff,
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v.
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Nancy A. Berryhill,
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Acting Commissioner of Social Security,
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Defendant.
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____________________________________)

C/A No.: 5:14-cv-00792-TLW

ORDER

This matter comes before the Court on Plaintiff Andre Dawkins’ motion for attorney’s fees
pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d). ECF No. 30.
Plaintiff’s motion seeks reimbursement for counsel’s representation in the above-captioned matter
in the amount of $3,054.92. The Commissioner filed a response indicating that it did not oppose
the fee award. ECF No. 31.
Having reviewed the file and being fully advised, the Court hereby ORDERS that the
motion for the award of attorney’s fees pursuant to the EAJA, ECF No. 30, is APPROVED, and
the Commissioner is ordered to award Plaintiff $3,054.92 in attorney’s fees, less the amount of
any federal debts owed by Plaintiff. Although the EAJA fee award should be paid to Plaintiff rather
than to his attorney pursuant to Astrue v. Ratliff, 560 U.S. 586, 595–98 (2010), the check itself
should be mailed directly to Plaintiff’s attorney.
IT IS SO ORDERED.

August 2, 2017
Columbia, South Carolina

s/Terry L. Wooten
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Terry L. Wooten
Chief United States District Judge