Miles v. Commissioner of Social Security Administration

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA

Annette C. Miles, ) C/A No. 0:20-3786-PJG ) Plaintiff, ) ) ORDER v. ) ) Kilolo Kijakazi, Acting Commissioner of the ) Social Security Administration,1 ) ) Defendant. ) )

Plaintiff seeks an award of attorney’s fees pursuant to the Equal Access to Justice Act (“EAJA”) in the amount of $3,882.40. (ECF No. 34.) The motion was accompanied by a statement of hours and expenses by Plaintiff’s attorney which supports the motion. Defendant filed a response indicating that she does not object to the amount requested by Plaintiff. (ECF No. 37.) The court has reviewed the motion, 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. See Grisbrecht v. Barnhart, 535 U.S. 789, 796 (2002). Accordingly, it is ORDERED that Plaintiff be granted attorney’s fees pursuant to the EAJA in the amount of $3,882.40. EAJA fees awarded by this court belong to Plaintiff and are subject to offset under the Treasury Offset Program (31 U.S.C. § 3716(c)(3)(B) (2006)). In the event Plaintiff has no present debt subject to offset and Plaintiff has executed a proper assignment to Plaintiff’s counsel, Defendant is directed to make the payment due to Plaintiff’s counsel. If Plaintiff has no debt

1 Pursuant to Federal Rule of Civil Procedure 25(d), Kilolo Kijakazi is substituted as the named defendant because she recently became the Acting Commissioner of Social Security. subject to offset and no proper assignment has been made by Plaintiff to counsel, Defendant is directed to make the check due pursuant to this Order payable to Plaintiff and delivered to Plaintiffs counsel. IT IS SO ORDERED.

April 18, 2022 Paige J. Ae Columbia, South Carolina UNITED STATES MAGISTRATE JUDGE

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