Cerqua v. Colvin

Filing 24

ORDER that Plaintiff's motion for attorney's fees (Doc. 22 ) is granted. Plaintiff is awarded $4,989.72 under the EAJA. Signed by Judge David G Campbell on 1/13/2016.(KMG)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Robert L. Cerqua,

No. CV-15-00123-PHX-DGC
Plaintiff,

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v.

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ORDER

Carolyn W. Colvin,

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Defendant.

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Plaintiff has made an application to this Court for attorney’s fees under the Equal

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Access to Justice Act (“EAJA”), 28 U.S.C. § 2412. Doc. 22. The Commissioner does

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not oppose the motion. Doc. 23.

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The EAJA provides:

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Except as otherwise specifically provided by statute, a court shall award to
a prevailing party other than the United States fees and other expenses . . .
incurred by that party in any civil action (other than cases sounding in tort),
including proceedings for judicial review of agency action, brought by or
against the United States in any court having jurisdiction of that action,
unless the court finds that the position of the United States was
substantially justified or that special circumstances make an award unjust.

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28 U.S.C. § 2412(d)(1). Courts routinely award attorney’s fees under this provision to
claimants who successfully challenge the Social Security Administration’s denial of
disability insurance benefits and supplemental security income. See, e.g., Tobeler v.

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Colvin, 749 F.3d 830 (9th Cir. 2014). Where a successful claimant seeks attorney’s fees,

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“[i]t is the government’s burden to show that its position was substantially justified,” id.

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at 832, or that special circumstances make an award unjust.

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Plaintiff is a “prevailing party” within the meaning of the EAJA because the Court

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reversed the Commissioner’s decision and remanded for an award of benefits. Doc. 22.

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The Court concludes that the fees requested by Plaintiff are reasonable and consistent

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with rates awarded in comparable cases.

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IT IS ORDERED that Plaintiff’s motion for attorney’s fees (Doc. 22) is granted.
Plaintiff is awarded $4,989.72 under the EAJA.
Dated this 13th day of January, 2016.

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