Nash v. Commissioner of Social Security Administration

Filing 29

ORDER granting 26 First MOTION for Attorney Fees Under EAJA, awarding fees in the amount of $4,481.97. Signed by Honorable R. Bryan Harwell on 06/22/2017.(bshr, )

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
AIKEN DIVISION
Bonnett Glover Nash,

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

Civil Action No.: 1:16-cv-02478-RBH

ORDER

On June 7, 2017, Plaintiff filed a motion seeking 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. 26. Plaintiff requested an award of attorney’s fees in the amount of $4,481.97.2 Id. On
June 20, 2017, Defendant filed a response to Plaintiff’s motion stating she does not oppose payment
of Plaintiff’s requested amount of attorney’s fees. See ECF No. 27.
After careful consideration, the Court GRANTS Plaintiff’s motion [ECF No. 26] and ORDERS
Defendant to pay attorney’s fees in the amount of $4,481.97, subject to the Treasury Offset Program3
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 her attorney, with a copy
sent to Plaintiff.
IT IS SO ORDERED.

1

28 U.S.C. § 2412(d).

2

This amount represents the fee set forth in Plaintiff’s counsel’s affidavit. See ECF No. 26-2 at 2.

3

31 U.S.C. § 3716.

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

June 22, 2017
Florence, South Carolina

2