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 )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA ORANGEBURG DIVISION Anthony Bryant, Sr., ) ) Plaintiff, ) ) v. ) ) Carolyn W. Colvin, Acting Commissioner ) of Social Security, ) ) Defendant. ) ____________________________________) 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

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