Horne v. Commissioner of Social Security Administration

Filing 29

ORDER re 27 Stipulation filed by Commissioner of Social Security Administration. The Court ORDERS Defendant to pay Plaintiff attorney's fees in the amount of $5,194.00, subject to the Treasury Offset Program provision in the parties' joint stipulation, and expenses in the amount of $20.19. Motions terminated: 26 MOTION for Attorney Fees filed by Scotty M Horne. Signed by Honorable R Bryan Harwell on 8/8/2017. (abuc)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
GREENVILLE DIVISION
Scotty M. Horne,

)
)
Plaintiff,
)
)
v.
)
)
Nancy A. Berryhill, Acting
)
Commissioner of the Social
)
Security Administration,
)
)
Defendant.
)
______________________________)

Civil Action No.: 6:16-cv-00390-RBH

ORDER

On July 27, 2017, Plaintiff filed a motion for attorney’s fees and expenses pursuant to the Equal
Access to Justice Act,1 asserting the position taken by Defendant in this action was not substantially
justified. See ECF No. 26. On August 3, 2017, the parties filed a joint stipulation wherein they agreed
to an award of attorney’s fees of $5,194.00 and expenses of $20.19. See ECF No. 27. The joint
stipulation provides that the attorney’s fees awarded should be paid to the claimant (not his attorney)
and would be subject to the Treasury Offset Program2 if the claimant owes an outstanding debt to the
federal government. See id.
After careful consideration, the Court ORDERS Defendant to pay Plaintiff attorney’s fees in
the amount of $5,194.00, subject to the Treasury Offset Program provision in the parties’ joint
stipulation, and expenses in the amount of $20.19. Pursuant to Astrue v. Ratliff, 560 U.S. 586 (2010),
the attorney’s fees will be paid directly to the claimant and mailed to his attorney, with a copy sent to
the claimant.

1

28 U.S.C. § 2412(d).

2

31 U.S.C. § 3716.

IT IS SO ORDERED.
s/ R. Bryan Harwell
R. Bryan Harwell
United States District Judge

August 8, 2017
Florence, South Carolina

2