Nestor v. Commissioner of the Social Security Administration
Filing
25
ORDER granting 21 Motion for Attorney Fees pursuant to the EAJA: The court orders the Defendant to pay the sum of $6,500.00 in attorneys 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 5/4/2016.(gnan )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ORANGEBURG DIVISION
Tammie Ann Nestor,
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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-02120-RBH
ORDER
On April 14, 2016, Plaintiff filed a motion for attorney’s fees pursuant to the Equal Access
to Justice Act (“EAJA”), 28 U.S.C. § 2412, on the basis that the position taken by the defendant in
this action was not substantially justified. On April 29, 2016, the parties filed a joint stipulation
indicating that the parties agreed to an EAJA award of $6,500.00 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 foregoing and after considering the briefs and materials submitted by the
parties, the court orders the Defendant to pay the sum of $6,500.00 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.
May 4, 2016
Florence, South Carolina
s/ R. Bryan Harwell
R. Bryan Harwell
United States District Judge
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