Mcdermott v. Commissioner of the Social Security Administration

Filing 32

ORDER: The Court GRANTS Plaintiff's motion ECF No. 29 and ORDERS Defendant to pay attorney's fees in the amount of $4,797.00. Signed by Honorable R Bryan Harwell on 3/21/2018.(gnan )

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA FLORENCE DIVISION Lisa Rene McDermott, ) ) Plaintiff, ) ) v. ) ) Nancy A. Berryhill, Acting ) Commissioner of the Social ) Security Administration, ) ) Defendant. ) ______________________________) Civil Action No.: 4:16-cv-03917-RBH ORDER On March 2, 2018, Plaintiff filed a motion seeking $4,797.00 in attorney’s fees and $16.00 in 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. 29. On March 16, 2018, Defendant filed a response to Plaintiff’s motion stating she does not oppose payment of the requested amount of attorney’s fees and expenses. See ECF No. 30. After careful consideration, the Court GRANTS Plaintiff’s motion [ECF No. 29] and ORDERS Defendant to pay attorney’s fees in the amount of $4,797.00, subject to the Treasury Offset Program2 if Plaintiff owes an outstanding debt to the federal government, and expenses in the amount of $16.00. 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. March 21, 2018 Florence, South Carolina 1 28 U.S.C. § 2412(d). 2 31 U.S.C. § 3716. s/ R. Bryan Harwell R. Bryan Harwell United States District Judge

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