Hall v. Commissioner of Social Security Administration

Filing 23

ORDER granting 20 Motion for Attorney Fees, awarding fees in the amount of $3,643.75, subject to the Treasury Offset Program provision in the parties' joint stipulation, and expenses in the amount of $22.67. Signed by Honorable R. Bryan Harwell on 11/08/2017.(bshr, )

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
AIKEN DIVISION
Donnie Hall,

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

Civil Action No.: 1:16-cv-03572-RBH

ORDER

On October 30, 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. 20. On November 2, 2017, the parties filed a joint stipulation withdrawing Plaintiff’s
motion and agreeing to an award of $3,643.75 in attorney’s fees and $22.67 in expenses. See ECF No.
21. The joint stipulation provides that the attorney’s fees award should be paid to the claimant (not his
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 $3,643.75, subject to the Treasury Offset Program provision in the parties’ joint
stipulation, and expenses in the amount of $22.67. Pursuant to Astrue v. Ratliff, 560 U.S. 586 (2010),
the attorney’s fees will be paid directly to the claimant and mailed to his attorney, with a copy sent to
the claimant.

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

November 8, 2017
Florence, South Carolina

2