Morgan v. Commissioner of Social Security Administration

Filing 24

ORDER granting 21 Motion for Attorney Fees Signed by Chief Judge Terry L Wooten on 5/30/2017.(abuc)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA ANDERSON/GREENWOOD DIVISION Kevin Alex Morgan, ) ) Plaintiff, ) ) ) v. ) Nancy A. Berryhill, ) Acting Commissioner of Social Security, ) ) Defendant. ) ____________________________________) C/A No.: 8:16-cv-02481-TLW ORDER This matter comes before the Court on Plaintiff Kevin Alex Morgan’s motion for attorney’s fees pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d). ECF No. 21. Plaintiff’s motion seeks reimbursement for counsel’s representation in the above-captioned matter in the amount of $4,376.13 (22.65 hours of attorney time at $192.50 per hour and $16.00 in expenses). The Commissioner filed a response consenting to the award. ECF No. 22. Having reviewed the file and being fully advised, the Court hereby ORDERS that the motion for the award of attorney’s fees pursuant to the EAJA, ECF No. 21, is APPROVED, and the Commissioner is ordered to award Plaintiff $4,360.13 in attorney’s fees and $16.00 in expenses, less the amount of any federal debts owed by Plaintiff. Although the EAJA fee award should be paid to Plaintiff rather than to his attorney pursuant to Astrue v. Ratliff, 560 U.S. 586, 595–98 (2010), the check itself should be mailed directly to Plaintiff’s attorney. IT IS SO ORDERED. May 30, 2017 Columbia, South Carolina ___________________________ s/Terry L. Wooten Terry L. Wooten Chief United States District Judge

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