Murray v. Commissioner of Social Security Administration

Filing 25

ORDER denying 23 Motion for Attorney Fees. Signed by Honorable Richard M Gergel on April 5, 2011.(cwil, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Marvin E. Murray, Plaintiff, vs. Michael J. Astrue, Commissioner of Social Security Administration, Defendant. )
)

Civil Action No. 0:09-cv-3226-RMG

)
)

)
)

ORDER

) )
)

)

--------------------------)

Before the Court is Plaintiffs motion for attorneys' fees. Defendant has

Z the motion. In this matter, the Commissioner denied benefits. After a de novo revie~
(Jl

o'i'Pos~
N
·

this Court remanded the matter for further administrative proceedings. As to the motion at bar, having considered the briefing from both sides, this Court denies Plaintiff's motion for attorneys' fees. The Equal Access to Justice Act provides attorneys' fees in actions where the government's position is not substantially justified. The substantial justification test is one of law and fact. See Pierce v. Underwood, 487 U.S. 552,565 (1988). Here, the Government's position was not unjustified. The position espoused by the Government was not without reasons and was well-briefed and argued. Ultimately, however, this Court decided to r e m r . matter for further findings.

AND IT IS SO ORDERED.

fiV'

£.

Richard Mark Gergel United States District Court Judge April 2011 Charleston, South Carolina

1