Jeffords v. Commissioner of the Social Security Administration

Filing 27

ORDER granting 24 Motion for Attorney Fees and costs pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412 in the amount of $3,200.31 for fees and $22.46 for expenses. Signed by Honorable Mary Geiger Lewis on 7/19/2018.(asni, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA ORANGEBURG DIVISION MARY ELLEN JEFFORDS, ) ) Plaintiff, ) ) vs. ) ) NANCY A. BERRYHILL, ) ACTING ) COMMISSIONER OF SOCIAL ) SECURITY ADMINISTRATION, ) ) Defendant. ) ____________________________________) Civil Action No: 5:17-00640-MGL ORDER On July 16, 2018, Counsel for the Plaintiff, Paul T. McChesney, filed a motion for attorney’s fees and expenses pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412. ECF No. 24. The motion seeks reimbursement for counsel’s representation in the captioned matter in the amount of $3,200.31 for fees (5.0 hours of attorney time at $192.50 per hour, and 23.25 hours of paralegal time at $96.25 per hour) and $22.46 for expenses. Id. On July 19, 2018, Defendant filed a response indicating it did not oppose the payment of such fees and expenses. ECF No. 25. In accordance with Astrue v. Ratliff, 560 U.S. 586, 595-98 (2010), EAJA fees awarded by this Court belong to the litigant, thus subjecting EAJA fees to offset under the Treasury Offset Program (31 U.S.C. ' 3716(c)(3)(B)), and, therefore, this Court directs fees be payable to Plaintiff and delivered to Plaintiff’s counsel. Accordingly, IT IS ORDERED Plaintiff’s motion for attorney’s fees and costs pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412, be GRANTED in the amount of $3,200.31 for fees and $22.46 for expenses. s/ Mary Geiger Lewis___ MARY GEIGER LEWIS UNITED STATES DISTRICT JUDGE July 19, 2018 Columbia, South Carolina 2

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