Klein v. Commissioner of Social Security Administration

Filing 36

ORDER granting 33 Motion for Attorney Fees, awarding fees in the amount of $4,600.00 and expenses in the amount of $23.00. Signed by Honorable R. Bryan Harwell on 12/21/2017.(bshr, )

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ROCK HILL DIVISION
Norma Jean Klein,

)
)
Plaintiff,
)
)
v.
)
)
Nancy A. Berryhill, Acting Commissioner )
of the Social Security Administration,
)
)
Defendant.
)
____________________________________)

Civil Action No.: 0:16-cv-01999-RBH

ORDER

On December 6, 2017, Plaintiff filed a motion for attorney’s fees pursuant to the Equal Access
to Justice Act,1 asserting the position taken by Defendant in this action was not substantially justified.
See ECF No. 33. On December 20, 2017, the parties filed a joint stipulation agreeing to an award of
$4,600.00 in attorney’s fees and $23.00 in expenses. See ECF No. 34. The joint stipulation provides
that the attorney’s fees award should be paid to the claimant (not her attorney) and is subject to the
Treasury Offset Program2 if the claimant owes an outstanding debt to the federal government.
After careful consideration, the Court ORDERS Defendant to pay Plaintiff attorney’s fees in
the amount of $4,600.00, subject to the Treasury Offset Program provision in the joint stipulation, and
expenses in the amount of $23.00. Pursuant to Astrue v. Ratliff, 560 U.S. 586 (2010), the attorney’s fees
will be paid directly to the claimant and mailed to her attorney, with a copy sent to the claimant.
IT IS SO ORDERED.
December 21, 2017
Florence, South Carolina

1

28 U.S.C. § 2412(d).

2

31 U.S.C. § 3716.

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