Summary
The United States District Court for the District of South Carolina granted Plaintiff Penelope Bardon’s motion for attorney fees under the Equal Access to Justice Act following a successful Social Security benefits action. The court awarded $4,440.00, based on six hours of attorney time and 25 hours of paralegal time, and addressed the treatment of any outstanding federal debt and fee assignment. The order was signed on January 20, 2026, by United States District Judge Jacquelyn D. Austin.
Holdings
- Plaintiff was entitled to an EAJA award because the underlying action resulted in a sentence-four remand and the fee petition satisfied the applicable eligibility and timeliness requirements, with no basis identified to deny the award.
- The requested $4,440.00 in attorney fees was reasonable and was awarded under the EAJA.
Questions Presented
- Whether Plaintiff satisfied the requirements for an award of attorney fees under the Equal Access to Justice Act.
- Whether the requested $4,440.00 award for six hours of attorney time and twenty-five hours of paralegal time was reasonable.
Disposition
other
Cases Cited (10)
- Crawford v. Sullivan, 935 F.2d 655, 656 (4th Cir. 1991)(followed)
- Shalala v. Schaefer, 509 U.S. 292, 301–02 (1993)(followed)
- Pierce v. Underwood, 487 U.S. 552, 563 (1988)(followed)
- Pierce v. Underwood, 487 U.S. 552, 565 (1988)(followed)
- Hyatt v. Barnhart, 315 F.3d 239 (4th Cir. 2002)(followed)
- Hyatt v. Barnhart, 315 F.3d 239, 256 (4th Cir. 2002)(followed)
- W. Va. Univ. Hosps. v. Casey, 499 U.S. 83, 86–87 (1991)(followed)
- Int’l Woodworkers of Am. v. Donovan, 792 F.2d 762, 767 (9th Cir. 1985)(followed)
- May v. Sullivan, 936 F.2d 176, 177 (4th Cir. 1991)(followed)
- Bunn v. Bowen, 637 F. Supp. 464, 469–70 (E.D.N.C. 1986)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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