Johnson v. Commissioner of Social Security Administration

Filing 28

ORDER granting 25 Motion for Attorney Fees Signed by Honorable Richard M Gergel on 5/15/2017.(abuc)

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IN THE UNITED STATES DISTRICT COURT DISTRICT OF SOUTH CAROLINA Eva Renee Johnson Plaintiff, vs. Nancy A. Berryhill, Acting Commissioner of Social Security Administration, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) Civil Action No.6: 16-2669-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. 25). Plaintiff seeks an fee award of $5,000.00 in attorney's fees. The Commissioner has advised the Court she does not oppose Plaintiffs motion. (Dkt. No. 26). 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 $5,000.00 in attorney's fees. 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 directed to make the check -1­ due pursuant to this Order payable to Plaintiff and to deliver the check to Plaintiff's counsel. AND IT IS SO ORDERED. Richard Mark G e United States District Judge Mayl£,2017 Charleston, South Carolina -2­

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