Boulware v. Commissioner of the Social Securit Administration

Filing 31

ORDER granting 28 Motion for Attorney Fees.The court orders the defendant to pay the sum of $5025.50 in attorney's fees and $16.00 in expenses pursuant to EAJA. However, the payment shall be made payable to t he claimant pursuant to Astrue v. Ratliff, 130 S.Ct. 2521 (2010) and mailed to her attorney, with a copy to the claimant. The Court further awards the plaintiff costs in the amount of $7.00, to be paid from the Judgment Fund by the Department of the Treasury. Signed by Honorable R Bryan Harwell on 9/2/2014.(gnan )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION
Cathie Cooler Boulware,

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Plaintiff,
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v.
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Carolyn W. Colvin, Acting Commissioner )
of Social Security,
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Defendant.
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____________________________________)

C/A No.: 4:13-3597-RBH

ORDER

On August 13, 2014, the 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. Defendant filed a response on August 28, 2014, in which she
states that she does not object to Plaintiff’s motion. The Commissioner further indicates that fees
awarded should be paid to the party and not the attorney and would be subject to the Treasury Offset
Program if the party owes a debt to the government at the time EAJA fees are awarded.
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 $5025.50 in attorney’s fees and $16.00 in expenses
pursuant to EAJA. However, the payment shall be made payable to the claimant pursuant to Astrue
v. Ratliff, 130 S.Ct. 2521 (2010) and mailed to her attorney, with a copy to the claimant. The Court
further awards the plaintiff costs in the amount of $7.00, to be paid from the Judgment Fund by the
Department of the Treasury.

IT IS SO ORDERED.
s/ R. Bryan Harwell
R. Bryan Harwell
United States District Judge
September 2, 2014
Florence, South Carolina

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