Young v. Commissioner of the Social Security Administration
Filing
29
ORDER granting 26 Motion for Attorney Fees. Signed by Honorable Richard M Gergel on 04/06/2017.(dsto, )
IN THE UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
Jenean Young,
Plaintiff,
vs.
Nancy A. Berryhill, Acting Commissioner
of Social Security Administration,
Defendant.
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Civil Action No. 5: 16-2490-RMG
ORDER
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This matter comes before the Court on Plaintiff's motion for an award of attorney's fees
under the Equal Access to Justice Act ("EAJA"), 28 U .S.C. § 2412. (Dkt. No. 26). Plaintiff
seeks an fee award of $2,035.00 in attorney's fees and $20.01 in expenses. (Dkt. No. 26-1 at 2-3).
The Commissioner has advised the Court she does not oppose Plaintiffs motion. (Dkt. No. 27).
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 EAJA fee award to Plaintiff in the amount of
$2,035.00 in attorney's fees and $20.01 in expenses. This award is subject to the Treasury
Offset Program, 31 U.S.C. § 3716(c)(1)(B). In the event Plaintiff has no present debt subject to
offset and Plaintiff has executed a proper assignment to her counsel, Defendant is directed to
make the payment due herein to Plaintiffs counsel. If Plaintiff has no present debt subject to
offset and no proper assignment has been made by Plaintiff to her counsel, Defendant is
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directed to make the check due pursuant to this Order payable to Plaintiff and to deliver the
check to Plaintiffs counsel.
AND IT IS SO ORDERED.
k.,
April
2017
Charleston, South Carolina
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