Gatlin v. Commissioner of Social Security Administration

Filing 19

ORDER granting 15 Motion for Attorney Fees in the amount of $3,109.06 and expenses in the amount of $20.01 pursuant to EAJA.Signed by Honorable R Bryan Harwell on 11/8/2017. (gnan)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA BEAUFORT DIVISION Gary Gatlin, ) ) Plaintiff, ) ) v. ) ) Nancy A. Berryhill, Acting Commissioner ) of Social Security, ) ) Defendant. ) ____________________________________) C/A No.: 9:17-cv-00512-RBH ORDER On October 25, 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 $3,109.06 and expenses in the amount of $20.01. On November 6, 2017, the Commissioner filed a response in support of Plaintiff’s motion indicating no objection to an award of $3,109.06 and expenses in the amount of $20.01. 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 $3,109.06 attorney fees and expenses in the amount of $20.01 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 8, 2017 Florence, South Carolina s/ R. Bryan Harwell R. Bryan Harwell United States District Judge

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