Ferguson v. Commissioner of the Social Security Administration

Filing 33

ORDER granting 30 Motion for Attorney Fees: The Court hereby grants an attorney's fee award to Plaintiff in the amount of $2,794.20 under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412. Signed by Honorable Richard M Gergel on 12/19/2016.(gnan )

IN THE UNITED STATES DISTRICT COURT

DISTRICT OF SOUTH CAROLINA

Kimberly Michelle Ferguson,

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Plaintiff,

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

Civil Action No. 5:15-3667-RMG

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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. 30). Plaintiff
seeks an award of $2,794.20, representing 14.90 hours of attorney time in 2015 and 2016 at
$187.53 per hour. (Dkt. No. 30-4). The Commissioner has advised the Court she does not
oppose Plaintiffs motion. (Dkt. No. 31).
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 $2,794.20.
The Commissioner correctly notes that any EAJA payment may be offset by any
outstanding federal debt of the claimant. In the absence of a federal debt and a proper
assignment by the claimant to Plaintiffs counsel, the Commissioner is directed make the check

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payable to Plaintiffs counsel. Ifthere is no federal debt and no assignment, the Commissioner is
directed to make the check payable to Plaintiff and to send the check to Plaintiff s counsel.
AND IT IS SO ORDERED.

United States DIstrict Judge

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2016
December
Charleston, South Carolina

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