COLLINS EX REL. COLLINS v. BERRYHILL

Civil Action No. 1: 16-2929-RMG.

Sherry Collins, O/B/O Arlene Collins (Deceased), Plaintiff, v. Nancy A. Berryhill, Acting Commissioner of Social Security Administration, Defendant.

United States District Court, D. South Carolina.

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

Sherry Collins, Plaintiff, represented by Mario A. Pacella , Strom Law Firm.

Sherry Collins, Plaintiff, represented by Marisa Burkett , Olinsky Law Group, pro hac vice & Paul B. Eaglin , Olinsky Law Group, pro hac vice.

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


ORDER

RICHARD M. GERGEL, District Judge.

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. 27). The parties have jointly stipulated to an award of $6,593.36 in attorney's fees and $17.25 in expenses. (Dkt. No. 28).

The Court has reviewed the proposed stipulation, as well as the supporting underlying documentation, and finds that the total fee is reasonable and authorized under applicable law. Barber v. Kimbrell's, Inc. 577 F.2d 216 (4th Cir. 1978); Local Rule 54.02 (D.S.C.). Therefore, the Court hereby grants an EAJA award to Plaintiff in the amount of $6,593.36 in attorney's fees and $17.25 in 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 Plaintiffs 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 Plaintiffs counsel.

AND IT IS SO ORDERED.


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