Bennefield v. Commissioner of the Social Security Administration
ORDER granting 32 Motion for Attorney Fees. The court ORDERS Defendant to pay Plaintiff attorney's fees in the amount of $4,800.00, subject to the Treasury Offset Program provision in the parties' 33 joint stipulation. Signed by Honorable R Bryan Harwell on 7/28/2017.(gnan )
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Ashley E. Bennefield,
Nancy A. Berryhill, Acting
Commissioner of the Social
Civil Action No.: 4:16-cv-01096-RBH
On July 19, 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 July 27, 2017, the parties filed a joint stipulation wherein they agreed to an award of
attorney’s fees in the amount of $4,800.00. 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 $4,800.00, 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.
July 28, 2017
28 U.S.C. § 2412(d).
31 U.S.C. § 3716.
s/ R. Bryan Harwell
R. Bryan Harwell
Florence, South Carolina
United States District Judge
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