RAINWATER v. ASTRUE et al

Filing 19

ORDER GRANTING 17 Motion for Attorney Fees. Ordered by U.S. District Judge Marc Thomas Treadwell on 12/6/2013. (tlh)

IN THE UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
KENNETH RAINWATER,
Plaintiff,
v.
CAROLYN W. COLVIN, Commissioner
of Social Security Administration,
Defendant.

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CIVIL ACTION NO. 5:12-CV-337 (MTT)

ORDER
Before the Court is the Plaintiff’s motion for attorney’s fees (Doc. 17) pursuant to
the Equal Access to Justice Act, 28 U.S.C. § 2412(d), following the remand of his claim
for Social Security benefits. The Act provides that a prevailing plaintiff may recover
attorney’s fees incurred in a suit against the United States unless the position of the
United States was “substantially justified or…special circumstances make an award
unjust.” 28 U.S.C. § 2412(d)(1)(A). On September 4, 2013, the Court adopted the
Magistrate Judge’s recommendation reversing and remanding this action to the
Commissioner for further proceedings pursuant to sentence four of 42 U.S.C. § 405(g).
(Doc. 15). A claimant who obtains a court order remanding his Social Security claim to
the Commissioner for further proceedings is a prevailing party for purposes of the Equal
Access to Justice Act. Shalala v. Schaefer, 509 U.S. 292, 300-01 (1993).
The Plaintiff, as the prevailing party, now requests attorney’s fees in the amount
of $8,335.14 for 45.15 hours of work. The United States does not contend that its

position was “substantially justified” nor does it object to the Plaintiff’s request. (Doc.
18). Accordingly, the Plaintiff’s motion for attorney’s fees is GRANTED.
SO ORDERED, this 6th day of December, 2013.

S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT