Westbury v. Commissioner Social Security Administration

Filing 38

ORDER granting 35 Motion for Attorney Fees Under EAJA, awarding $2,906.13 in attorney's fees pursuant to EAJA. Signed by Honorable R. Bryan Harwell on 05/27/2014.(bshr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ROCK HILL
GREENVILLE DIVISION
Mary Elizabeth Westbury,

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

C/A No.: 6:13-cv-01299-RBH

ORDER

On May 9, 2014, the 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. Defendant filed a response on May 27, 2014, in which she does
not object to the amount requested. The Commissioner further indicates, in reference to the claimant’s
signed assignment of EAJA fees to his attorney, that 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 $2,906.13 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.
s/ R. Bryan Harwell
R. Bryan Harwell
United States District Judge
May 27, 2014
Florence, South Carolina