YARBROUGH v. BERRYHILL

Civil Action No. 8:15-cv-04930-RBH.

Phillip Stewart Yarbrough, Plaintiff, v. Nancy A. Berryhill, Acting Commissioner of the Social Security Administration, Defendant.

United States District Court, D. South Carolina, Anderson/Greenwood Division.

Editors Note
Applicable Law: 42 U.S.C. § 405
Cause: 42 U.S.C. § 405 Review of HHS Decision (SSID)
Nature of Suit: 864 Social Security: SSID Tit. XVI
Source: PACER


Attorney(s) appearing for the Case

Phillip Stewart Yarbrough, Plaintiff, represented by W. Daniel Mayes , Smith Massey Brodie Thumond Guynn and Mayes.

Commissioner of Social Security Administration, Defendant, represented by Barbara Murcier Bowens , US Attorneys Office.


ORDER

R. BRYAN HARWELL, District Judge.

On May 9, 2017, Plaintiff filed a motion seeking attorney's fees and expenses 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. 23. Plaintiff requested an award of attorney's fees in the amount of $4,656.94 and expenses in the amount of $16.00. Id. On May 12, 2017, Defendant filed a response to Plaintiff's motion stating she does not oppose payment of Plaintiff's requested amount of attorney's fees and expenses. See ECF No. 24.

After careful consideration, the Court GRANTS Plaintiff's motion [ECF No. 23] and ORDERS Defendant to pay attorney's fees in the amount of $4,656.94, subject to the Treasury Offset Program2 if Plaintiff owes an outstanding debt to the federal government, and expenses in the amount of $16.00. Pursuant to Astrue v. Ratliff, 560 U.S. 586 (2010), the attorney's fees shall be paid directly to Plaintiff and mailed to his attorney, with a copy sent to Plaintiff.

IT IS SO ORDERED.

FootNotes


1. 28 U.S.C. § 2412(d).
2. 31 U.S.C. § 3716.

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