CALES v. COLVIN, 5:13-cv-02609-JMC. (2014)
Court: District Court, D. South Carolina
Number: infdco20141015a45
Visitors: 10
Filed: Oct. 03, 2014
Latest Update: Oct. 03, 2014
Summary: ORDER MICHELLE CHILDS, District Judge. This matter is before the court upon motion of Plaintiff, through her attorney, Paul T. McChesney, for an award of attorney's fees under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. 2412. (ECF No. 14). Plaintiff's motion seeks reimbursement for her counsel's representation in the captioned matter in the amount of $1, 993.82 in attorney's fees. Defendant's response to Plaintiff's motion (ECF No. 15) notifies the court that she does not oppose Plai
Summary: ORDER MICHELLE CHILDS, District Judge. This matter is before the court upon motion of Plaintiff, through her attorney, Paul T. McChesney, for an award of attorney's fees under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. 2412. (ECF No. 14). Plaintiff's motion seeks reimbursement for her counsel's representation in the captioned matter in the amount of $1, 993.82 in attorney's fees. Defendant's response to Plaintiff's motion (ECF No. 15) notifies the court that she does not oppose Plain..
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ORDER
MICHELLE CHILDS, District Judge.
This matter is before the court upon motion of Plaintiff, through her attorney, Paul T. McChesney, for an award of attorney's fees under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412. (ECF No. 14). Plaintiff's motion seeks reimbursement for her counsel's representation in the captioned matter in the amount of $1, 993.82 in attorney's fees. Defendant's response to Plaintiff's motion (ECF No. 15) notifies the court that she does not oppose Plaintiff's request for fees in the amount stated herein.
The court has reviewed Plaintiff's counsel's fee petition that was submitted and finds counsel's request for fees reasonable. Therefore, Plaintiff is entitled to an award of attorney's fees under the EAJA in the stipulated amount of $1,993.82. See 28 U.S.C. §§ 2412(c)(1) and 2414.
In accordance with Astrue v. Ratliff, 130 S.Ct. 2521, 2528-29 (2010), EAJA fees awarded by this court belong to the litigant, thus subjecting EAJA fees to offset under the Treasury Offset Program (31 U.S.C. § 3716(c)(3)(B) (2006)) and, therefore, the court directs that fees be payable to Plaintiff and delivered to Plaintiff's counsel.
IT IS SO ORDERED.
Source: Leagle
