Ervin v. Commissioner of the Social Security Administration

Filing 36

ORDER granting 33 Motion for Attorney Fees: The court orders the defendant to pay the sum of $4,000.00 in attorney's fees and $16.00 in expenses pursuant to EAJA. Signed by Honorable R Bryan Harwell on 2/16/2018.(gnan )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION
Margaret Mechelle Ervin,

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Plaintiff,
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v.
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Nancy A. Berryhill, Acting Commissioner )
of Social Security,
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Defendant.
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____________________________________)

C/A No.: 4:16-cv-03318-RBH

ORDER

On February 2, 2018, 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. In the motion, Plaintiff requested attorney’s fees in the amount
of $4,281.88 and expenses in the amount of $16.00. On February 15, 2018, the parties filed a
stipulation for an EAJA award of $4,000.00 in attorney’s fees and $16.00 in expenses.
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 $4,000.00 in attorney’s fees and $16.00 in expenses
pursuant to EAJA, subject to the Treasury Offset Program if the prevailing party owes a debt to the
federal government. However, the payment shall be made payable to the claimant pursuant to Astrue
v. Ratliff, 130 S.Ct. 2521 (2010) and mailed to his attorney, with a copy to the claimant.
IT IS SO ORDERED.
February 16, 2018
Florence, South Carolina

s/ R. Bryan Harwell
R. Bryan Harwell
United States District Judge