Mann v. Astrue
Filing
27
ORDER granting 24 Motion for Attorney Fees in the amount of Five Thousand Forty-Nine Dollars and Seven Cents ($5,049.07) and costs and expenses in the amount of Twenty-Three Dollars ($23.00). Signed by Honorable Henry M Herlong, Jr on 3/12/09.(jtho, )
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA ANDERSON/GREENWOOD DIVISION Shirley M. Mann, Plaintiff, vs. Michael J. Astrue, Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) )
C.A. No. 8:07-2966-HMH OPINION & ORDER
This matter is before the court on Plaintiff Shirley Mann's ("Mann") motion for attorney's fees and costs pursuant to the Equal Access to Justice Act ("EAJA"). See 28 U.S.C. 2412(a), (d). On December 5, 2008, the court reversed the Commissioner's decision denying Mann's claim for social security disability benefits and remanded the case to the Commissioner for further proceedings. Mann seeks attorneys' fees for services rendered in the amount of Five Thousand Forty-Nine Dollars and Seven Cents ($5,049.07) ($175.62 per hour for 28.75 hours) and costs and expenses in the amount of Twenty-Three Dollars ($23.00). The Commissioner has consented to pay the total amount claimed. Further, the court finds the hourly rate and number of hours to be reasonable.
Therefore, it is ORDERED that Mann is awarded a fee of Five Thousand Forty-Nine Dollars and Seven Cents ($5,049.07) and costs and expenses in the amount of Twenty-Three Dollars ($23.00).1
s/Henry M. Herlong, Jr. United States District Judge Greenville, South Carolina March 12, 2008
The costs ($7.00 of the $23.00) are to be paid from the Judgment Fund, rather than agency funds. See 28 U.S.C. § 2412(c)(1). 2
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