Curry v. Commissioner of Social Security Administration, No. 3:2010cv02719 - Document 29 (D.S.C. 2012)
Court Description: AMENDED OPINION ORDER granting 25 MOTION for Attorney Fees Under the Equal Access to Justice Act filed by Annie Curry. Signed by Honorable J Michelle Childs on 5/30/2012. (ydav, )
Download PDF
<![CDATA[
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA COLUMBIA DIVISION Annie Curry, ) ) ) Plaintiff, ) ) v. ) ) Michael J. Astrue, Commissioner ) of the Social Security Administration, ) ) Defendant. ) ____________________________________) Civil Action. No. 3:10-cv-02719-JMC OPINION AND ORDER This matter is before the court upon motion of the Plaintiff, through her attorney, Paul Townsend McChesney, for an award of attorney s fees under the Equal Access to Justice Act ( EAJA ), 28 U.S.C. § 2412(d) and the Social Security Act, 42 U.S.C. § 406(b). The record reflects that Plaintiff was the prevailing party in this action for social security disability benefits and supplemental security income, and her net worth is less than $2 million. On December 7, 2011, Counsel for the Plaintiff, Paul Townsend McChesney ( Counsel ), filed a motion for attorney s fees and costs [Doc. 25] pursuant to the Social Security Act, 42 U.S.C. § 406(b). The motion seeks reimbursement for Counsel s representation in the captioned matter in the amount of $3,838.44, which amounts to less than twenty-five percent (25%) of the past-due benefits withheld by the Social Security Administration for attorney s fees. Defendant s response to Plaintiff s Motion for Attorney Fees under EAJA and 42 U.S.C. § 406(b) [Doc. 27] notifies the court that he does not oppose Plaintiff s request for fees in the amount stated herein pursuant to the EAJA. The court has reviewed Counsel s fee petition and the signed fee agreement that was submitted with the petition, and finds Counsel s request for fees reasonable. 1 Therefore, the Plaintiff is entitled to an award of attorney s fees under the EAJA in the amount of $3,838.44 for costs and expenses. IT IS SO ORDERED. United States District Judge Greenville, South Carolina May 30, 2012 2
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
