Young v. Commissioner of the Social Security Administration

Filing 34

ORDER granting 31 Motion for Attorney Fees: The court orders the defendant to pay the sum of $3,400.00 in attorney's fees and $16.00 in expenses pursuant to EAJA. Signed by Honorable R Bryan Harwell on 6/30/2017.(gnan )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ORANGEBURG DIVISION
Allison B. Young,

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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-04153-RBH

ORDER

On June 16, 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 $4,752.56 and expenses in the amount of $16.00. On June 28, 2017, the parties filed a stipulation
indicating that the parties agreed to an EAJA award of $3,400.00 in attorney’s fees and $16.00 in
expenses. 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 $3,400.00 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.
June 30, 2017
Florence, South Carolina

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