Clarke v. Commissioner of Social Security Administration

Filing 28

ORDER granting 25 First MOTION for Attorney Fees Under EAJA, awarding fees in the amount of $3,469.31. Signed by Honorable R. Bryan Harwell on 12/20/2016.(bshr, )

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA AIKEN DIVISION RONALD ALLEN CLARKE, ) ) Plaintiff, ) ) v. ) ) CAROLYN W. COLVIN, Acting ) Commissioner of the Social ) Security Administration, ) ) Defendant. ) ______________________________) Civil Action No.: 1:15-cv-4735-RBH ORDER On November 30, 2016, 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. [ECF #25, p. 1]. Plaintiff requested an award of attorney’s fees in the amount of $3,469.31.[ECF #25, p. 1]. On December 19, 2016, Defendant filed a response to Plaintiff’s motion stating she does not oppose payment of Plaintiff’s requested amount of attorney’s fees. [ECF #26, p. 1]. After careful consideration, the Court GRANTS Plaintiff’s motion [ECF #25] and ORDERS Defendant to pay attorney’s fees in the amount of $3,469.31, subject to the Treasury Offset Program2 if Plaintiff owes an outstanding debt to the federal government. Pursuant to Astrue v. Ratliff, 560 U.S. 586 (2010), the attorney’s fees shall be paid directly to Plaintiff and mailed to his attorney, with a copy sent to Plaintiff. 1 28 U.S.C. § 2412(d). 2 31 U.S.C. § 3716. IT IS SO ORDERED. s/ R. Bryan Harwell R. Bryan Harwell United States District Judge December 20, 2016 Florence, South Carolina 2

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