Shrubb v. Commissioner of Social Security Administration

Filing 21

ORDER granting 17 Motion for Attorney Fees pursuant to EAJA, awarding plaintiff the amount of $7,714.00 and directing the Commissioner to make the check payable to Plaintiff and to deliver the check to Plaintiff's counsel. Signed by Magistrate Judge Joseph R McCrorey on 04/15/2013.(bshr, )

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE DISTRICT OF SOUTH CAROLINA

EDWARD J. SHRUBB,
Plaintiff,
v.
CAROLYN W. COLVIN,1 ACTING
COMMISSIONER OF
SOCIAL SECURITY,
Defendant.

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Civil Action No. 3:10-898-JRM

ORDER

This matter is before the undersigned2 upon motion of Plaintiff for attorney’s fees pursuant
to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d). Plaintiff originally requested fees
in the amount of $9,918. The Commissioner responded that the parties have agreed to a reduced
award of $7,714.00.
Under the provisions of EAJA, parties prevailing against the United States are entitled to an
award of attorney’s fees unless the Government can carry its burden of demonstrating that its
litigation position was substantially justified. 28 U.S.C. § 2412(d)(1)(A); Crawford v. Sullivan, 935
F.2d 655, 658 (4th Cir.1991). “Substantial justification” is more than “merely undeserving of
sanctions for frivolousness” and the Government’s position must be “reasonable ... both in law and
in fact.” Pierce v. Underwood, 487 U.S. 552, 565–566(1988).

1

Carolyn W. Colvin became the Acting Commissioner of Social Security on February 14,
2013. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Carolyn W. Colvin should be
substituted for Michael J. Astrue as Defendant in this lawsuit.
2

Pursuant to 28 U.S.C. § 636, Local Civil Rule 83.VII.02 DSC, and the consent of the parties,
the case was referred to the undersigned magistrate judge for further proceedings and entry of
judgment.

After consideration of the materials filed by the parties, the Court concludes that the
Government’s position was not substantially justified and that an award of $7,714.00 (representing
55.1 hours of attorney’s work at the hourly rate of $140.00) is reasonable. Therefore, the Court
grants an attorney’s fee award to Plaintiff under the EAJA in the amount of $7,714.00. It is
ordered that the Commissioner is directed to make the check payable to Plaintiff3 and to
deliver the check to Plaintiff’s counsel.
IT IS SO ORDERED.

Joseph R. McCrorey
United States Magistrate Judge
April 15, 2013
Columbia, South Carolina

3

See Astrue v. Ratliff, __ U.S. __, 130 S.Ct. 2521, 2524 (2010).
2