Tyler v. Commissioner of the Social Security Administration

District Court, D. South Carolina

Tyler v. Commissioner of the Social Security Administration

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA FLORENCE DIVISION Miranda Tyler, ) C/A No.: 4:18-cv-01484-RBH ) Plaintiff, ) ) v. ) ORDER ) Commissioner of Social Security, ) ) Defendant. ) ____________________________________)

On September 30, 2019, 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. On October 15, 2019, the parties filed a stipulation for an EAJA award of $4,800.00 in attorney’s fees, $23.00 in expenses, and $400.00 in costs. 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 $4,800.00 in attorney’s fees, $23.00 in expenses, and $400.00 in costs, 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 his attorney, with a copy to the claimant. IT IS SO ORDERED. October 16, 2019 s/ R. Bryan Harwell Florence, South Carolina R. Bryan Harwell Chief United States District Judge

Reference

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