Davis-Rascoe v. Commissioner of Social Security Administration
ORDER re 20 Motion for Attorney Fees. The court orders the defendant to pay the sum of $2,671.87 in attorneys fees and $22.46 in expenses pursuant to EAJA, subject to the Treasury Offset Program if the prevailing party owes a debt to the federal government. Signed by Honorable R Bryan Harwell on 9/14/2017.(abuc)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Nancy A. Berryhill, Acting Commissioner )
of Social Security,
C/A No.: 8:17-cv-00003-RBH
On August 29, 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 $2,671.87 and expenses in the amount of $22.46. On September 12, 2017, the parties filed a
stipulation indicating that the parties agreed to an EAJA award of $2,671.87 in attorney’s fees and
$22.46 in expenses. The stipulation provides that fees awarded are subject to be offset if the prevailing
party owes a debt to the federal government.
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 $2,671.87 in attorney’s fees and $22.46 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 her attorney, with a copy to the claimant.
IT IS SO ORDERED.
August 7, 2017
Florence, South Carolina
s/ R. Bryan Harwell
R. Bryan Harwell
United States District Judge
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