Bush v. Commissioner Social Security Administration
ORDER granting 21 Motion for Attorney Fees. Signed by Honorable Richard M Gergel on 7/22/2015.(abuc)
IN THE UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
Willie Bush, Sr.
Carolyn W. Colvin, Commissioner
of Social Security Administration,
Civil Action No. 8: 14-3860-RMG
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. 21). Plaintiff
seeks an attorney fee award of$2,793.75, representing 14.9 hours of attorney time at $187.50 per
hour, costs of $7.00 and expenses of$16.00. (Dkt. No. 21-1 at 5-7). The Commissioner has
advised the Court she does not oppose Plaintiffs motion. (Dkt. No. 23).
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 award to Plaintiff in the amount of $2,793.75
for attorney's fees, $7.00 for costs and $16.00 for expenses. 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 Plaintiff s 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 Plaintiff s counsel.
AND IT IS SO ORDERED.
Richard Mark Gerge
United States Distric Judge
Charleston, South Carolina
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