Arthur v. Commissioner of the Social Security Administration

Filing 29

ORDER granting 25 Motion for Attorney Fees: The Court hereby grants an EAJA award to Plaintiff in the amount of $4,000.00 in attorney's fees. Signed by Honorable Richard M Gergel on 10/24/2017.(gnan )

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IN THE UNITED ST ATES DISTRICT COURT DISTRICT OF SOUTH CAROLINA Cynthia Wilburn Arthur, ) ) ) Plaintiff, ) Civil Action No. 5: 17-355-RMG ) vs. ) ) Nancy A. Berryhill, Acting Commissioner of Social Security Administration, ) ) ORDER ) Defendant. ) ) 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. 25). The parties have jointly stipulated to an award of $4,000.00 in attorney's fees. (Dkt. No. 26). The Court has reviewed the proposed stipulation, as well as the supporting underlying documentation, and finds that the total fee is reasonable and authorized under applicable law. Barber v. Kimbrell 's, Inc. 577 F.2d 216 (4th Cir. 1978); Local Rule 54.02 (D.S.C.). Therefore, the Court hereby grants an EAJA award to Plaintiff in the amount of $4,000.00 in attorney's fees. This award is subject to the Treasury Offset Program, 31 U.S.C. § 3716(c)(l)(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 directed to make the check due pursuant to this Order payable to Plaintiff and to deliver the check to Plaintiffs counsel. -1- AND IT IS SO ORDERED. United States District Judge October i 'f, 2017 Charleston, South Carolina -2-

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