Rosales v. Commissioner Social Security Administration

Filing 21

ORDER granting 18 Motion for Attorney Fees. Signed by Honorable R Bryan Harwell on 11/30/2017.(abuc)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA GREENVILLE DIVISION Jose L. Rosales, ) ) Plaintiff, ) ) v. ) ) Nancy A. Berryhill, Acting Commissioner ) of Social Security, ) ) Defendant. ) ____________________________________) C/A No.: 6:17-cv-00402-RBH ORDER 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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