PIZARRO v. BERRYHILL

Civil Action No. 5:16-cv-1407-CMC.

Sabino Pizarro, Plaintiff, v. Nancy A. Berryhill, Acting Commissioner of Social Security, Defendant.

United States District Court, D. South Carolina, Orangeburg Division.

Editors Note
Applicable Law: 42 U.S.C. § 405
Cause: 42 U.S.C. § 405 Review of HHS Decision (DIWC)
Nature of Suit: 863 Social Security: DIWC / DIWW
Source: PACER


Attorney(s) appearing for the Case

Sabino Pizarro, Plaintiff, represented by Osborne Eugene Powell, Jr. , Bluestein Nichols Thompson and Delgado.

Commissioner of the Social Security Administration, Defendant, represented by Marshall Prince , US Attorneys Office.


ORDER

CAMERON McGOWAN CURRIE, Senior District Judge.

On April 26, 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. 20. The petition seeks an award of $4,803.84, representing 25.6 attorney hours at the rate of $187.65 per hour, and $400.00 in costs and expenses. Id. On May 9, 2017, the parties filed a 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, Plaintiff should be awarded compensation for all legal services rendered in the amount of $4,500 in attorney's fees and $400.00 in costs. Accordingly, pursuant to the parties' stipulation,

IT IS ORDERED that Plaintiff shall be awarded Four Thousand Five Hundred dollars and Zero cents ($4,500.00) in attorney's fees under the EAJA, and Four Hundred dollars and Zero cents ($400.00) in costs.2

These fees are to be made payable to Sabino Pizarro and delivered by Defendant to the business address of Plaintiff's counsel.

IT IS SO ORDERED.

FootNotes


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.").
2. Plaintiff's previously filed EAJA (ECF No. 20) petition has been withdrawn.

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