Bilton v. Commissioner of the Social Security Administration
Filing
40
ORDER granting 37 Motion for Attorney Fees. The parties have jointly stipulated to an award of $7,000.00 in attorney's fees. (Dkt. No. 38 ). Signed by Honorable Richard M Gergel on 05/07/2019.(dsto, )
IN THE UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
Richard Joseph Bilton,
Plaintiff,
vs.
Nancy A. Berryhill, Acting Commissioner
of Social Security Administration,
Defendant.
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Civil Action No. 5:17-2443-RMG
ORDER
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. 37). The parties
have jointly stipulated to an award of $7,000.00 in attorney's fees. (Dkt. No. 38).
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 $7,000.00. 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
~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.
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AND IT IS SO ORDERED.
Richard Mark Gergel
United States District Judge
May 7 , 2019
Charleston, South Carolina
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