Pizarro v. Commissioner of the Social Security Administration

Filing 24

ORDER: Plaintiff's previously filed EAJA 20 Petition has been withdrawn. Pursuant to the parties stipulation, it is ORDERED that Plaintiff shall be awarded Four Thousand Five Hundred dollars and Zero cents ($4,500.00) in attorney's fees under the EAJA, and Four Hundred dollars and Zero cents ($400.00) in costs. Signed by Honorable Cameron McGowan Currie on 5/16/2017. (gnan, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA ORANGEBURG DIVISION Sabino Pizarro, Civil Action No. 5:16-cv-1407-CMC Plaintiff, vs. ORDER Nancy A. Berryhill1, Acting Commissioner of Social Security, Defendant. On April 26, 2017, Plaintiff’s attorney filed a petition for attorney’s fees pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412. ECF No. 20. The petition seeks an award of $4,803.84, representing 25.6 attorney hours at the rate of $187.65 per hour, and $400.00 in costs and expenses. Id. On May 9, 2017, the parties filed a Stipulation for Attorney’s Fees under the EAJA. ECF No. 21. The court has reviewed the fee petition and the parties’ stipulation wherein the parties stipulate, subject to the approval of the court, Plaintiff should be awarded compensation for all legal services rendered in the amount of $4,500 in attorney’s fees and $400.00 in costs. Accordingly, pursuant to the parties’ stipulation, 1 Ms. Berryhill is now the Acting Commissioner of Social Security and will be substituted for Carolyn W. Colvin as the defendant in this suit, pursuant to 42 U.S.C. § 405(g) (“Any action instituted in accordance with this subsection shall survive notwithstanding any change in the person occupying the office of Commissioner of Social Security or any vacancy in such office.”). IT IS ORDERED that Plaintiff shall be awarded Four Thousand Five Hundred dollars and Zero cents ($4,500.00) in attorney’s fees under the EAJA, and Four Hundred dollars and Zero cents ($400.00) in costs.2 These fees are to be made payable to Sabino Pizarro and delivered by Defendant to the business address of Plaintiff’s counsel. IT IS SO ORDERED. s/ Cameron McGowan Currie CAMERON MCGOWAN CURRIE Senior United States District Judge Columbia, South Carolina May 16, 2017 2 Plaintiff’s previously filed EAJA (ECF No. 20) petition has been withdrawn. 2

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