Earl v. Commissioner of the Social Security Administration
Filing
28
ORDER granting 25 Motion for Attorney Fees and ORDERS Defendant to pay attorney's fees in the amount of $3,306.88, subject to the Treasury Offset Program. Signed by Honorable R Bryan Harwell on 7/26/2017.(gnan )
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION
Stanley Earl,
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Plaintiff,
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v.
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Nancy A. Berryhill, Acting )
Commissioner of the Social )
Security Administration,
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)
Defendant.
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________________________)
Civil Action No.: 4:16-cv-00294-RBH
ORDER
On July 13, 2017, Plaintiff filed a motion seeking attorney’s fees and expenses 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. 25. Plaintiff requested an award of attorney’s fees in the amount
of $3,306.88 and expenses in the amount of $22.01. Id. On July 25, 2017, Defendant filed a response
to Plaintiff’s motion stating she does not oppose payment of Plaintiff’s requested amount of attorney’s
fees and expenses. See ECF No. 26.
After careful consideration, the Court GRANTS Plaintiff’s motion [ECF No. 25] and ORDERS
Defendant to pay attorney’s fees in the amount of $3,306.88, subject to the Treasury Offset Program2
if Plaintiff owes an outstanding debt to the federal government, and expenses in the amount of $22.01.
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.
IT IS SO ORDERED.
1
28 U.S.C. § 2412(d).
2
31 U.S.C. § 3716.
s/ R. Bryan Harwell
R. Bryan Harwell
United States District Judge
July 26, 2017
Florence, South Carolina
2
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