Shannon v. Berryhill et al

Filing 24

ORDER denying 22 Motion for Attorney Fees. Signed by Judge William T. Moore, Jr on 12/23/19. (wwp)

FiLO

U.S DfSfRlCT
SAVANNAH OIV

IN THE UNITED STATES DISTRICT COURT FOR

THE SOUTHERN DISTRICT OF GEORGIA 2015 DFC 23 PN |: LS
SAVANNAH DIVISION

CLERK
MICHAEL GEORGE SHANNON,

sToisroFGA:

Plaintiff,
CASE NO. CV417-041

V.

ANDREW SAUL, Commissioner of

Social Security,
Defendant.

ORDER

Before the Court is Plaintiff Michael George Shannon's
Motion

for

Attorney's

Fees

Justice Act. (Doc. 22.)

Under

the

Equal

Access

to

Plaintiff's counsel seeks an award

of fees in the amount of $4,133.94 under the Equal Access

to Justice Act ("EAJA"), 28 U.S.C. § 2412(d). (I^ at 2.)
The
for

Government
fees

position

objects,

should

was

be

arguing

denied

substantially

that

because

Plaintiff's
the

justified.

request

Commissioner's

(Doc.

23

at

2.)

Plaintiff has not filed a brief in reply.

EAJA

position

fees

is

are "available

not

only

^substantially

Comm'r of See. Sec., 454

when

the

government's

justified.' " Berqen

v.

F.3d 1273, 1277 (11th Cir. 2006).

The fees are not available "every time a claimant prevails—

only

when the Commissioner's

position lacks

^a

reasonable

basis in law and fact.' " Id. (quoting Pierce v. Underwood,