Sweeter v. Saul

Filing 33

ORDER granting 28 Motion for Attorney Fees. Signed by Magistrate Judge Tony N. Leung on 11/17/2021. (Written Opinion) (LAS)

CASE 0:20-cv-01465-TNL Doc. 33 Filed 11/17/21 Page 1 of 2

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Heather J. S.,

Case No. 20-cv-1465 (TNL)
Plaintiff,
ORDER

v.
Kilolo Kijakazi,
Acting Commissioner of Social Security,
Defendant.

Edward C. Olson, 331 2nd Avenue South, Suite 420, Minneapolis, MN 55401 (for
Plaintiff); and
James D. Sides, Special Assistant United States Attorney, Social Security Administration,
1301 Young Street, Mailroom 104, Dallas, TX, 75202 (for Defendant).
I. INTRODUCTION
This matter comes before the Court on Plaintiff Heather J. S.’s Motion for Award of
Attorney’s Fees Pursuant to the Equal Access to Justice Act (“EAJA”). (ECF No. 28.) For
following reasons, the Court grants this motion.
II. DISCUSSION
Plaintiff initiated an action for judicial review of the Commissioner’s discontinuance
of her disability benefits. (ECF No. 1.) Cross motions for summary judgment were filed by
Plaintiff and the Commissioner. (ECF Nos. 20, 22.) On September 29, 2021, the Court issued
an Order finding that that the Administrative Law Judge improperly concluded that Plaintiff’s
entitlement ceased because of her medical improvement. (ECF No. 25.) The case was then

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CASE 0:20-cv-01465-TNL Doc. 33 Filed 11/17/21 Page 2 of 2

remanded to the Commissioner for further proceedings. (Id.) Plaintiff then filed the following
motion for attorney’s fees under the EAJA. (ECF No. 28.)
Under the EAJA, “a party who prevails in a civil action against the United States—
including a lawsuit seeking judicial review of administrative action—shall be awarded fees
and expenses ‘unless the court finds that the position of the United States was substantially
justified or that special circumstances make an award unjust.’” Rapp v. Colvin, No. 12-cv2473 (PJS/TNL), 2014 WL 5461889, at *1 (D. Minn. Oct. 27, 2014) (quoting 28 U.S.C.
§ 2412(d)(1)(A)). In the present motion, Plaintiff seeks $7,098.73 in attorney’s fees for 34.3
hours of work. (ECF No. 28; see Ex. A to Pl.’s Mem. in Supp. at 1-2, ECF No. 30.) The
Commissioner does not object to Plaintiff’s motion. (ECF No. 32.) The Court finds that
Plaintiff’s request is reasonable and fair.
III. ORDER
Based on the record, memoranda, proceedings herein, and no objections to the
requested amounts, IT IS HEREBY ORDERED that:
1. Plaintiff’s Motion for Award of Attorney’s Fees Pursuant to the Equal Access to
Justice Act (ECF No. 28) is GRANTED.
2. Plaintiff be awarded $7,098.73 in reasonable attorney fees, subject to offset by any
preexisting debt that Plaintiff owes to the United States.
Dated: November

17

, 2021

s/Tony N. Leung
Tony N. Leung
United States Magistrate Judge
District of Minnesota
Heather J. S. v. Kijakazi
Case No. 20-cv-1465 (TNL)

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