Marcelin v. Social Security Administration

Filing 33

ORDER granting 30 Motion for Attorney Fees under Equal Access to Justice Act. Signed by Judge Susie Morgan on 1/22/2018. (bwn)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
RHEALINDA D. MARCELIN

CIVIL ACTION

VERSUS

NO. 16-14075

NANCY A. BERRYHILL, ACTING
COMMISSIONER OF THE SOCIAL
SECURITY ADMINISTRATION

SECTION: "E"

ORDER
Plaintiff Rhealinda Marcelin brought this civil action seeking judicial review of the
decision of the Social Security Administration to terminate her Supplemental Security
Income and Social Security disability assistance.1 On September 8, 2017, the Court issued
an order adopting the Report and Recommendations of the Magistrate Judge, and
remanding the case to the Social Security Administration on the grounds that the
Administrative Law Judge failed to properly consider Plaintiff’s condition at the time she
had last been certified as disabled.2
Plaintiff filed a motion on December 6, 2017, seeking attorney’s fees under the
Equal Access to Justice Act (“EAJA”).3 Plaintiff seeks attorneys’ fees in the amount of
$7,962.50 for 45.5 hours of time at an hourly rate of $175.00.4 The EAJA provides that “a
court may award reasonable fees and expenses of attorneys . . . to the prevailing party in
any civil action brought . . . against . . . any agency or official of the United States acting
in his or her official capacity in any court having jurisdiction of such action,” unless the
court finds that the government’s position “was substantially justified or that other special
R. Doc. 1.
R. Doc. 25.
3 R. Doc. 30. See 28 U.S.C. 2412(d) (2012).
4 R. Doc. 30-1 at 8.
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circumstances make an award unjust.”5 EAJA fees are awardable in Social Security
actions.6 In a motion for attorneys’ fees under the EAJA, The government has the burden
of proving that its position was “substantially justified” or that an award would be unjust.7
In this case, the motion is unopposed.8 The Commissioner does not dispute (1)
Plaintiff is a prevailing party, (2) this Court has jurisdiction, (3) the motion is timely, or
(4) the amount of attorneys’ fees sought.9
Accordingly, the Court HEREBY GRANTS Plaintiff’s motion for attorneys’ fees
under the Equal Access to Justice Act. 10
New Orleans, Louisiana, this 22nd day of January, 2018.

SUSIE MORGAN
UNITED STATES DISTRICT JUDGE

Id.
Sullivan v. Hudson, 490 U.S. 877 (1989).
7 Martin v. Heckler, 754 F.2d 1262, 1264 (5th Cir. 1985).
8 R. Doc. 32.
9 Id. at 1.
10 R. Doc. 30.
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