Tubbs v. Commissioner of the Social Security Administration

Filing 36

ORDER granting 33 Motion for Attorney Fees in the amount of $3,431.80. Signed by Honorable R Bryan Harwell on 7/6/2017.(gnan )

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA FLORENCE DIVISION Glenda Broom Tubbs, ) ) Plaintiff, ) ) v. ) ) Nancy A. Berryhill, Acting ) Commissioner of the Social ) Security Administration, ) ) Defendant. ) ______________________________) Civil Action No.: 4:16-cv-01608-RBH ORDER On June 22, 2017, Plaintiff filed a motion seeking 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. 33. Plaintiff requested an award of attorney’s fees in the amount of $3,431.80. Id. On July 3, 2017, Defendant filed a response to Plaintiff’s motion stating she does not oppose payment of Plaintiff’s requested amount of attorney’s fees. See ECF No. 34. After careful consideration, the Court GRANTS Plaintiff’s motion [ECF No. 33] and ORDERS Defendant to pay attorney’s fees in the amount of $3,431.80, subject to the Treasury Offset Program2 if Plaintiff owes an outstanding debt to the federal government. Pursuant to Astrue v. Ratliff, 560 U.S. 586 (2010), the attorney’s fees shall be paid directly to Plaintiff and mailed to her 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 6, 2017 Florence, South Carolina 2

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