Bryant v. Commissioner of the Social Security Administration

Filing 32

ORDER granting 28 Motion for Attorney Fees pursuant to EAJA in the sum of $4,800.00. Signed by Honorable R Bryan Harwell on 2/3/2017.(gnan )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ORANGEBURG DIVISION
Anthony Bryant, Sr.,

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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-04066-RBH

ORDER

On January 17, 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 $5,719.67. On January 31, 2017, the parties filed a joint stipulation wherein the parties agreed to an
award of attorney’s fees in the amount of $4,800.00. The joint stipulation provides 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 $4,800.00 in attorney’s fees pursuant to EAJA.
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.
February 3, 2017
Florence, South Carolina

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