Klein v. Commissioner of Social Security Administration, 0:16-cv-01999-RBH. (2017)
Court: District Court, D. South Carolina
Number: infdco20171222i11
Visitors: 7
Filed: Dec. 21, 2017
Latest Update: Dec. 21, 2017
Summary: ORDER R. BRYAN HARWELL , District Judge . On December 6, 2017, Plaintiff filed a motion for attorney's fees pursuant to the Equal Access to Justice Act, 1 asserting the position taken by Defendant in this action was not substantially justified. See ECF No. 33. On December 20, 2017, the parties filed a joint stipulation agreeing to an award of $4,600.00 in attorney's fees and $23.00 in expenses. See ECF No. 34. The joint stipulation provides that the attorney's fees award should be paid
Summary: ORDER R. BRYAN HARWELL , District Judge . On December 6, 2017, Plaintiff filed a motion for attorney's fees pursuant to the Equal Access to Justice Act, 1 asserting the position taken by Defendant in this action was not substantially justified. See ECF No. 33. On December 20, 2017, the parties filed a joint stipulation agreeing to an award of $4,600.00 in attorney's fees and $23.00 in expenses. See ECF No. 34. The joint stipulation provides that the attorney's fees award should be paid ..
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ORDER
R. BRYAN HARWELL, District Judge.
On December 6, 2017, Plaintiff filed a motion for attorney's fees pursuant to the Equal Access to Justice Act,1 asserting the position taken by Defendant in this action was not substantially justified. See ECF No. 33. On December 20, 2017, the parties filed a joint stipulation agreeing to an award of $4,600.00 in attorney's fees and $23.00 in expenses. See ECF No. 34. The joint stipulation provides that the attorney's fees award should be paid to the claimant (not her attorney) and is subject to the Treasury Offset Program2 if the claimant owes an outstanding debt to the federal government.
After careful consideration, the Court ORDERS Defendant to pay Plaintiff attorney's fees in the amount of $4,600.00, subject to the Treasury Offset Program provision in the joint stipulation, and expenses in the amount of $23.00. Pursuant to Astrue v. Ratliff, 560 U.S. 586 (2010), the attorney's fees will be paid directly to the claimant and mailed to her attorney, with a copy sent to the claimant.
IT IS SO ORDERED.
FootNotes
1. 28 U.S.C. § 2412(d).
2. 31 U.S.C. § 3716.
Source: Leagle
