Heeter v. Commissioner of the Social Security Administration

Filing 38

ORDER granting 34 Motion for Attorney Fees: The court orders the Defendant to pay the sum of $6,000.00 in attorney's fees, subject to the Treasury Offset Program if the prevailing party owes a debt to the federal government. Signed by Honorable R Bryan Harwell on 12/5/2016.(gnan )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ORANGEBURG DIVISION
Leona Ruth Heeter,

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Plaintiff,
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v.
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Carolyn W. Colvin, Acting Commissioner )
of Social Security,
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Defendant.
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____________________________________)

C/A No.: 5:15-cv-01763-RBH

ORDER

On November 15, 2016, Plaintiff filed a motion for attorney’s fees and costs pursuant to the
Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412, requesting an EAJA award of 6,844.85 in
attorney’s fees. On December 1, 2016, the parties filed a stipulation indicating that the parties
agreed to an EAJA award of $6,000.00 in attorney’s fees. The stipulation provides that fees
awarded are subject to be offset if the prevailing party owes a debt to the federal government.
Based on the parties’ stipulation, the court orders the Defendant to pay the sum of $6,000.00
in attorney’s fees, 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.
December 5, 2016
Florence, South Carolina

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