Christopher v. Commissioner of the Social Security Administration

Filing 22

ORDER granting 19 Motion for Attorney Fees. The court orders the defendant to pay the sum of $741.00 in attorney's fees and $16.00 in expenses pursuant to EAJA. Signed by Honorable R Bryan Harwell on 8/7/2017.(gnan )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ORANGEBURG DIVISION
Kimberly Harris Christopher,

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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.: 5:15-cv-00581-RBH

ORDER

On July 28, 2017, 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 $741.00 and expenses
in the amount of $16.00. On August 4, 2017, the Commissioner filed a response in support of Plaintiff’s motion
indicating no objection to an award of $741.00 and expenses in the amount of $16.00. The Commissioner noted,
however, that the fees awarded should be paid to the prevailing party and not the attorney and would be subject
to the Treasury Offset Program if the prevailing party owes a debt to the government.
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 $741.00 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 her attorney, with a copy to the claimant.

IT IS SO ORDERED.
August 7, 2017
Florence, South Carolina

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