Rosales v. Commissioner Social Security Administration
ORDER granting 18 Motion for Attorney Fees. Signed by Honorable R Bryan Harwell on 11/30/2017.(abuc)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Jose L. Rosales,
Nancy A. Berryhill, Acting Commissioner )
of Social Security,
C/A No.: 6:17-cv-00402-RBH
On November 17, 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 $2,062.83. On November 28, 2017, the Commissioner filed a response in support of Plaintiff’s
motion indicating no objection to an award of $2,062.83.
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 $2,062.83 attorney fees 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.
November 30, 2017
Florence, South Carolina
s/ R. Bryan Harwell
R. Bryan Harwell
United States District Judge
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