Rella v. Commissioner of Social Security Administration

Filing 32

ORDER granting 29 MOTION for Attorney Fees under EAJA, awarding $4,500.00 in attorney's fees and $16.00 in expenses. Signed by Honorable R. Bryan Harwell on 03/05/2018.(bshr, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA AIKEN DIVISION John Rella, ) ) Plaintiff, ) ) v. ) ) Nancy A. Berryhill, Acting Commissioner ) of Social Security, ) ) Defendant. ) ____________________________________) C/A No.: 1:16-cv-03990-RBH ORDER On February 15, 2018, 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. In the motion, Plaintiff requested attorney’s fees in the amount of $4,669.38 and expenses in the amount of $16.00. On March 1, 2018, the parties filed a stipulation for an EAJA award of $4,500.00 in attorney’s fees and $16.00 in expenses. 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 $4,500.00 in attorney’s fees and $16.00 in expenses pursuant to EAJA, subject to the Treasury Offset Program if the prevailing party owes a debt to the federal 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. March 5, 2018 Florence, South Carolina s/ R. Bryan Harwell R. Bryan Harwell United States District Judge

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