Hendricks v. Commissioner of Social Security Administration

Filing 27

ORDER granting 24 Motion for Attorney Fees Under EAJA, awarding $3,619.33 in fees. Signed by Honorable R. Bryan Harwell on 11/24/2015.(bshr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ROCK HILL DIVISION
Linda Jean Hendricks,

)
)
Plaintiff,
)
)
v.
)
)
Carolyn W. Colvin, Acting Commissioner )
of Social Security,
)
)
Defendant.
)
____________________________________)

C/A No.: 0:14-cv-01896-RBH

ORDER

On November 6, 2015, Plaintiff filed a motion for attorney’s fees pursuant to the Equal
Access to Justice Act (“EAJA”), 42 U.S.C. § 2412, on the basis that the position taken by the
defendant in this action was not substantially justified. On November 23, 2015, Defendant filed a
response to the motion indicating no objection to the payment of the requested EAJA fees. The
parties have agreed to an EAJA award of $3,619.33 in attorney’s fees to be paid by the United
States Social Security Administration. Defendant indicates that fees awarded are subject to the
Treasury Offset Program if the prevailing party owes a debt to the government.
Based on the foregoing and after considering the briefs and materials submitted by the
parties, the court orders the Defendant to pay the sum of $3,619.33 in attorney’s fees pursuant to
EAJA, subject to the Treasury Offset Program if the prevailing party owes a debt to the government.
However, the payment shall be made payable to the claimant pursuant to Astrue v. Ratliff, 130 S.Ct.
2521 (2010), and mailed to his attorney, with a copy to the claimant.
IT IS SO ORDERED.
November 24, 2015
Florence, South Carolina

s/ R. Bryan Harwell
R. Bryan Harwell
United States District Judge