HARRIS v. COLVIN
ORDER GRANTING 20 Motion for Attorney Fees. Ordered by Judge Marc Thomas Treadwell on 10/16/2013. (tlh)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
CAROLYN W. COLVIN, Commissioner
of Social Security,
CIVIL ACTION NO. 5:13-CV-84 (MTT)
Before the Court is the Plaintiff’s motion for attorney’s fees (Doc. 20) pursuant to
the Equal Access to Justice Act, 28 U.S.C. § 2412(d), following the remand of her 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 July 19, 2013, the Court adopted the Magistrate
Judge’s recommendation and granted the United States’ motion to reverse and remand
this action to the Commissioner for further proceedings pursuant to sentence four of 42
U.S.C. § 405(g). (Doc. 17). A claimant who obtains a court order remanding her 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, 30001 (1993).
The Plaintiff, as the prevailing party, now requests attorney’s fees in the amount
of $2,788.00 for 14.90 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.
21). Accordingly, the Plaintiff’s motion for attorney’s fees is GRANTED.
SO ORDERED, this 16th day of October, 2013.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT
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