Darby v. Commissioner of Social Security Administration

Filing 27

ORDER re 25 Stipulation filed by Commissioner of Social Security Administration. The court orders the defendant to pay the sum of $5,365.38 attorney's fees and $22.25 in expenses pursuant to EAJA, subject to the Treasury Offset Program if the prevailing party owes a debt to the federal government. Motions terminated: 24 MOTION for Attorney Fees filed by James B Darby. Signed by Honorable R Bryan Harwell on 12/6/2017. (abuc)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
GREENVILLE DIVISION
James B. Darby,

)
)
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.: 6:16-cv-00729-RBH

ORDER

On November 20, 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 $5,531.25 and expenses in the amount of $22.25. On November 30, 2017, the parties filed a
stipulation for an EAJA award of $5,365.38 in attorney’s fees and $22.25 in expenses.
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 $5,365.38 attorney’s fees and $22.25 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 his attorney, with a copy to the claimant.
IT IS SO ORDERED.
December 6, 2017
Florence, South Carolina

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