Wall v. Commissioner of Social Security Administration

Filing 28

ORDER granting 25 Motion for Attorney Fees. Signed by Honorable Richard M Gergel on 11/1/2016.(abuc) (Main Document 28 replaced on 11/1/2016) (abuc, ).

IN THE UNITED STATES DISTRICT COURT

DISTRICT OF SOUTH CAROLINA

David Lee Wall,

Plaintiff,
vs.
Carolyn W. Colvin, Acting Commissioner
of Social Security Administration,
Defendant.

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Civil Action No. 8:15-2193-RMG

ORDER

This matter comes before the Court on Plaintiff's motion for an award of attorney's fees
under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412. (Dkt. No. 26). Plaintiff
seeks an fee award of $3,000.48, representing 16 hours of attorney time at $187.53 per hour.
(Dkt. No. 25-2). The Commissioner has advised the Court she does not oppose Plaintiff's
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 award to Plaintiff in the amount of
$3,000.48 This award is subject to the Treasury Offset Program, 31 U.S.C. § 3716(c)(1)(8). 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
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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.
AND IT IS SO ORDERED.

United States District Judge
November -1-,2016
Charleston, South Carolina

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