Jones v. Commissioner of Social Security

Filing 19

ORDER1 APPROVING THE PARTIES JOINT STIPULATION FOR EAJA FEES (DOC. 18 ) UNDER 28 U.S.C. § 2412. Signed by Magistrate Judge Michael J. Newman on 12/10/15. (pb)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
TOBY JONES,
Plaintiff,

Case No.: 3:14-cv-161

vs.
COMMISSIONER
OF SOCIAL SECURITY,

Magistrate Judge Michael J. Newman
(Consent Case)

Defendant.

ORDER1 APPROVING THE PARTIES’ JOINT STIPULATION
FOR EAJA FEES (DOC. 18) UNDER 28 U.S.C. § 2412

This Social Security disability benefits appeal is before the Court on the parties’ joint
stipulation in which they agree that Plaintiff should be awarded attorney’s fees under the Equal
Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d), in the amount of $3,947.19. Doc. 18.
EAJA provides for an award of attorney’s fees to a party who prevails in a civil action against
the United States “when the position taken by the Government is not substantially justified and
no special circumstances exist warranting a denial of fees.” Bryant v. Comm’r of Soc. Sec., 578
F.3d 443, 445 (6th Cir. 2009) (citing 28 U.S.C. § 2412(d)(1)(A)). A party who prevails and
obtains a Sentence Four remand is a prevailing party for EAJA purposes.

See Shalala v.

Schaefer, 509 U.S. 292, 301-02 (1993). EAJA fees are payable to the litigant. Astrue v. Ratliff,
586 U.S. 586, 589 (2010).
The Court found the ALJ’s non-disability finding unsupported by substantial evidence
and remanded this case to the Commissioner under the Fourth Sentence of 42 U.S.C. § 405(g)

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The parties unanimously consented to the jurisdiction of the Magistrate Judge. Doc. 5.

for further proceedings. Doc. 16. Accordingly, Plaintiff is the prevailing party in this case for
EAJA purposes and, therefore, is entitled to an award of attorney’s fees under EAJA. See
Shalala, 509 U.S. at 301-02. Having considered the nature of the work counsel performed in this
case, the Court finds the stipulated fee reasonable. Accordingly, Plaintiff is entitled to an EAJA
fee award in the stipulated amount of $3,947.19.
Accordingly, based on the foregoing, the Court: (1) APPROVES the parties’ joint
stipulation for an EAJA fee award (doc. 18); and (2) GRANTS Plaintiff EAJA fees in the
amount of $3,947.19. As no further matters remain pending for review, this case remains
TERMINATED upon the Court’s docket.
IT IS SO ORDERED.

Date: December 10, 2015

s/ Michael J. Newman
Michael J. Newman
United States Magistrate Judge

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