Mealing v. Astrue

Filing 40

ORDER granting 37 Motion for Attorney Fees in the amount of $4,792.90, expenses in the amount of $16.00, and costs in the amount of $7.00. Signed by Honorable Henry M Herlong, Jr on 10/5/09.(jtho, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA GREENVILLE DIVISION Bridges Ann Mealing, Plaintiff, vs. Michael J. Astrue, Commissioner of Social Security Administration, Defendant. ) ) ) ) ) ) ) ) ) )

C.A. No. 6:08-2478-HMH-WMC

OPINION AND ORDER

This matter is before the court on a motion for attorney's fees pursuant to the Equal Access to Justice Act ("EAJA"). See 28 U.S.C. § 2412(d)(1)(A). Bridges Ann Mealing ("Mealing") seeks attorney's fees for services rendered in the above-captioned social security action in the amount of Four Thousand Seven Hundred Ninety-Two Dollars and Ninety Cents ($4,792.90) (calculated at $167.00 per hour for 28.7 hours) and $16.00 in expenses and $7.00 in costs.1 The Commissioner does not object to the request for attorney's fees and expenses.2 Further, the court finds the hourly rate and number of hours to be reasonable.

"[A]ttorney's fees under the EAJA are payable to the claimant, not the attorney" and "it is settled law that the attorney does not have standing to apply for the EAJA fees; that right belongs to the prevailing party." Stephens v. Astrue, 565 F.3d 131, 137-38 (4th Cir. 2009) (internal quotation marks omitted).
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Costs are paid from the Department of Justice Judgment Fund. 1

Therefore, it is ORDERED that Mealing is awarded attorney's fees in the amount $4,792.90, expenses in the amount of $16.00, and costs in the amount of $7.00. IT IS SO ORDERED.

s/Henry M. Herlong, Jr. Senior United States District Judge Greenville, South Carolina October 5, 2009

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