S v. Commissioner of Social Security Administration

District Court, D. South Carolina

S v. Commissioner of Social Security Administration

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA ROCK HILL DIVISION D.S., a minor claimant, ) C/A No.: 0:18-cv-03603-RBH ) Plaintiff, ) ) v. ) ORDER ) Commissioner of Social Security, ) ) Defendant. ) ____________________________________)

On October 6, 2020, 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, 2020, the parties filed a stipulation for an EAJA award of $8,500.00 in attorney’s fees. 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 $8,500.00 in attorney’s 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 his attorney, with a copy to the claimant. IT IS SO ORDERED. October 16, 2020 s/ R. Bryan Harwell Florence, South Carolina R. Bryan Harwell Chief United States District Judge

Reference

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