Davis v. Commissioner of Social Security Administration

District Court, D. South Carolina

Davis v. Commissioner of Social Security Administration

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA ROCK HILL DIVISION Cheri Davis, ) C/A No.: 0:19-cv-01918-RBH ) Plaintiff, ) ) v. ) ORDER ) Commissioner of Social Security ) Administration, ) ) Defendant. ) ____________________________________)

On January 12, 2021, 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 $3,778.13 and $20.85 in expenses. On January 26, 2021, Defendant filed a response in support indicating no objection to Plaintiff's requested EAJA award. 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 $3,778.13 for attorney's fees and $20.85 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 his attorney, with a copy to the claimant. IT IS SO ORDERED. January 28, 2021 s/ R. Bryan Harwell Florence, South Carolina R. Bryan Harwell United States District Judge

Reference

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