Williams v. Commissioner of Social Security Administration

Filing 22

ORDER granting 19 MOTION for Attorney Fees under the Equal Access to Justice Act, awarding $5,800.00 in attorney's fees under the EAJA and $400.00 in costs under 28 U.S.C. § 2412(a). Signed by Honorable Cameron McGowan Currie on 01/25/2017.(bshr, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA ANDERSON/GREENWOOD DIVISION Paul A. Williams, Jr., Civil Action No. 8:16-cv-432-CMC Plaintiff, vs. ORDER Nancy A. Berryhill1, Acting Commissioner of Social Security, Defendant. On January 12, 2017, Plaintiff’s attorney filed a petition for attorney’s fees pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412. ECF No. 19. The petition seeks an award of $6,287.05, representing 32.8 attorney hours at the rate of $190.28 per hour in 2015, and $191.70 per hour in 2016 and 2017, and $400 for the filing fee. Id. On January 25, 2017, the parties filed a Joint Stipulation for Attorney’s Fees under the EAJA. ECF No. 21. The Court has reviewed the fee petition and the parties’ stipulation wherein the parties stipulate, subject to the approval of the court, that Plaintiff’s fee petition is withdrawn. Accordingly, pursuant to the parties’ stipulation, IT IS ORDERED that Plaintiff shall be awarded Five Thousand Eight Hundred dollars and Zero cents ($5,800.00) in attorney’s fees under the EAJA, and Four Hundred dollars and Zero cents ($400.00) in costs under 28 U.S.C. § 2412(a). 1 Ms. Berryhill is now the Acting Commissioner of Social Security and will be substituted for Carolyn W. Colvin as the defendant in this suit, pursuant to 42 U.S.C. § 405(g) (“Any action instituted in accordance with this subsection shall survive notwithstanding any change in the person occupying the office of Commissioner of Social Security or any vacancy in such office.”). These fees are to be made payable to Paul A. Williams, Jr., and delivered by Defendant to the business address of Plaintiff’s counsel. IT IS SO ORDERED. s/ Cameron McGowan Currie CAMERON MCGOWAN CURRIE Senior United States District Judge Columbia, South Carolina January 25, 2017 2

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