Edwards v. Commissioner of Social Security Administration

Filing 37

ORDER granting 35 Motion for Attorney Fees Under EAJA, awarding $6,031.44 in fees. Signed by Honorable Richard M. Gergel on 11/07/2013.(bshr, )

IN THE UNITED STATES DISTRICT COURT

DISTRICT OF SOUTH CAROLINA

Gloria Jean Edwards,
Plaintiff,
vs.
Carolyn W. Colvin, Acting Commissioner
of Social Security,
Defendant.

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Civil Action No.3: 12-693-RMG

ORDER

This matter comes before the Court on Plaintiffs motion for an award of attorney's fees
under the Equal Access to Justice Act ("EAJA"), 28 U.S.c. § 2412. (Dkt. No. 35). Plaintiff
seeks an award of$6,031.44 based upon 33.20 hours of attorney's time compensated at $181.67
per hour. (Dkt. No. 35-2). Plaintiff asserts she is entitled to an award under EAJA because the
Defendant's position in the Social Security disability appeal was not substantially justified and
the amount of fees requested are reasonable. Defendant opposes an award under EAJA, arguing
that the Government's position was substantially justified. (Dkt. No. 36).
Under the provisions ofEAJA, 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, 565-66 (1988).
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In this matter, the Court reversed the decision of the Commissioner because of her failure
to consider all Listings potentially applicable to the claimant's severe impairment of lupus and to
consider whether the combined effects of the claimant's multiple impairments constituted the
medical equivalent of one of the Listings. Edwards v. Colvin, 2013 WL 4018557 at *7 (D.S.C.
2013). The duty of the Commissioner to consider any potential applicable Listings and to
consider the combined effects of a claimant's multiple impairments are settled matters of law. 42
U.S.C. § 423(c)(2)(B); 20 C.F.R. §§ 404.1 520(a)(4)(iii), 404.1 526(b)(ii); Walker v. Bowen, 889
F.2d 47,50 (4th Cir. 1989). Therefore, the Court finds that the Government is not able to carry
its burden that its position in this matter was substantially justified.
The Defendant has not challenged the Plaintiff's asserted hours or rate of compensation.
The Court has, however, made an independent review of the itemized Plaintiffs attorney time
and rates and finds them reasonable and in accord with applicable law. Gisbrecht v. Barnhart,
535 U.S. 789 (2002). The Court GRANTS Plaintiffs motion for attorney fees under EAJA in
the amount of $6,031.44. The Commissioner is directed to make the check payable to Plaintiff
and to deliver the check to the office of Plaintiffs counsel.
AND IT IS SO ORDERED.

Ri ard Mark Gerg
United States District Judge

Charleston, South Carolina
November 7, 2013

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