Tenaglia v. Commissioner Social Security Administration

Filing 35

ORDER re 34 Stipulation filed by Commissioner Social Security Administration. The court orders the Defendant to pay the sum of $2,500.00 in attorney's fees, subject to the Treasury Offset Program if the prevail ing party owes a debt to the federal government. Motions terminated: 33 MOTION for Attorney Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412 filed by Theresa Tenaglia. Signed by Honorable R Bryan Harwell on 6/28/2016. (abuc)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
GREENVILLE DIVISION
Theresa Tenaglia,

)
)
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.: 6:14-cv-04920-RBH

ORDER

On June 16, 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 June 28, 2016, the parties filed a joint stipulation
indicating that the parties agreed to an EAJA award of $2,500.00 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 $2,500.00 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.
June 28, 2016
Florence, South Carolina

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