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 )

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION
Lisa Rene McDermott,

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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-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