Petrone-Knechtel v. Commissioner of the Social Security Administration

Filing 35

ORDER granting 32 Motion for Attorney Fees in the amount of $5,400.00. Signed by Honorable R Bryan Harwell on 8/14/2017.(gnan )

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION
Gina Lynn Petrone-Knechtel,

)
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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.
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______________________________)

Civil Action No.: 4:16-cv-00764-RBH

ORDER

On July 27, 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. 32. On August 10, 2017, the parties filed a joint stipulation wherein they agreed to an award
of attorney’s fees in the amount of $5,400.00. See ECF No. 33. The joint stipulation provides that the
attorney’s fees awarded should be paid to the claimant (not her attorney) and would be subject to the
Treasury Offset Program2 if the claimant owes an outstanding debt to the federal government. See id.
After careful consideration, the Court ORDERS Defendant to pay Plaintiff attorney’s fees in
the amount of $5,400.00, subject to the Treasury Offset Program provision in the parties’ joint
stipulation. Pursuant to Astrue v. Ratliff, 560 U.S. 586 (2010), the attorney’s fees will be paid directly
to the claimant and mailed to her attorney, with a copy sent to the claimant.
IT IS SO ORDERED.

August 14, 2017

1

28 U.S.C. § 2412(d).

2

31 U.S.C. § 3716.

s/ R. Bryan Harwell
R. Bryan Harwell

Florence, South Carolina

United States District Judge

2