Yarbrough v. Commissioner of Social Security Administration

Filing 26

ORDER granting 23 Motion for Attorney Fees Signed by Honorable R Bryan Harwell on 5/15/2017.(abuc)

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA ANDERSON/GREENWOOD DIVISION Phillip Stewart Yarbrough, ) ) Plaintiff, ) ) v. ) ) Nancy A. Berryhill, Acting ) Commissioner of the Social ) Security Administration, ) ) Defendant. ) ______________________________) Civil Action No.: 8:15-cv-04930-RBH ORDER On May 9, 2017, Plaintiff filed a motion seeking 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. 23. Plaintiff requested an award of attorney’s fees in the amount of $4,656.94 and expenses in the amount of $16.00. Id. On May 12, 2017, Defendant filed a response to Plaintiff’s motion stating she does not oppose payment of Plaintiff’s requested amount of attorney’s fees and expenses. See ECF No. 24. After careful consideration, the Court GRANTS Plaintiff’s motion [ECF No. 23] and ORDERS Defendant to pay attorney’s fees in the amount of $4,656.94, subject to the Treasury Offset Program2 if Plaintiff owes an outstanding debt to the federal government, and expenses in the amount of $16.00. Pursuant to Astrue v. Ratliff, 560 U.S. 586 (2010), the attorney’s fees shall be paid directly to Plaintiff and mailed to his attorney, with a copy sent to Plaintiff. IT IS SO ORDERED. 1 28 U.S.C. § 2412(d). 2 31 U.S.C. § 3716. s/ R. Bryan Harwell R. Bryan Harwell United States District Judge May 15, 2017 Florence, South Carolina 2

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