Neufeld v. Colvin
ORDER granting 18 Motion for Attorney Fees. Defendant will pay Plaintiff $4,014.50 in attorneys fees in full satisfaction of all claims arising under the Equal Access to Justice Act, 28 U.S.C. § 2412. Signed by District Judge Robert J. Conrad, Jr on 11/9/2017. (eef)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
NANCY A. BERRYHILL,
Acting Commissioner of Social Security )
THIS MATTER comes before the Court on Plaintiff’s Motion for Attorney Fees Pursuant
to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412, (Doc. No. 18); her Memorandum
in Support, (Doc. No. 18-1); Defendant’s Response in Opposition to Plaintiff’s Motion, (Doc. No.
19); Plaintiff’s Response in Support of her Motion, (Doc. No. 20); and both parties’ Stipulation
regarding Plaintiff’s Motion for Attorney Fees, (Doc. No. 22). The motion is fully briefed and
ripe for adjudication.
On June 15, 2016, this Court granted Plaintiff’s Motion for Summary Judgment, (Doc. No.
11), and denied Defendant’s Motion for Summary Judgment, (Doc. No. 13). (Doc. No 16). This
Court concluded that the ALJ’s lack of analysis, explanation, and determination of Plaintiff’s
mental RFC warranted a reversal and remand. (Id. at 9). Plaintiff thereafter filed a Motion for
Attorney Fees, alleging that Defendant’s arguments were not substantially justified. (Doc. No. 181). In response, Defendant did not contest Plaintiff’s argument, but rather objected to Plaintiff’s
motion because it was filed one day after the required deadline. (Doc. No. 19 at 1). This Court,
noting a split amongst district courts, ruled that EAJA fee applications were subject to equitable
tolling where appropriate. (Doc. No. 21 at 2–3). Both parties have now come before this Court
after reaching an agreement that Defendant will pay a fee of $4,014.50 in attorney’s fees to
Plaintiff. (Doc. No. 22 at 1).
Having reviewed Plaintiff’s motion for attorney’s fees, (Doc. No. 18), and the stipulation
of the parties, (Doc. No. 21), it is hereby ORDERED that Defendant will pay Plaintiff $4,014.50
in attorney’s fees in full satisfaction of all claims arising under the Equal Access to Justice Act, 28
U.S.C. § 2412.
Signed: November 9, 2017
SEALED DOCUMENT with access to All Parties/Defendants.
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