Kirby v. Commissioner of the Social Security Administration

Filing 35

ORDER denying 30 Motion for Attorney Fees: The court concludes that the Commissioner has met her burden of showing that her position was substantially justified. Therefore, the Court DENIES Kirby's motion for attorney's fees. Signed by the Honorable David C Norton on 11/6/2017.(gnan )

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

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ANGELA:KIRBY,

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Plaintiff,
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vs.
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NANCY A. BERRYHILL, Acting
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Commissioner ofthe Social Security
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Administration, 1
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Defendant.
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No. 4: 13-cv-3138-DCN
ORDER

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This matter is before the court on a motion for·attorney's fees filed by claimant
Angela Kirby ("Kirby") pursuant to the Equal Access to Justice Act ("EAJA"), 28 U.S.C.
§ 2412(d)(l)(A). Kirby requests $5,788.29 in attorney's fees on the ground that she is a
prevailing.party under the EAJA. ECF No. 30 at 2. Nancy A. Berryhill, Acting
Commissioner of the Social Security Administration, (the "Commissioner") argues that
Kirby is not entitled to such fees and costs because the Commissioner's position in this
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litigation was substantially justified. The court finds that the Commissioner's position
was subst<'.'lltially justified and denies Kirby's motion for attorney's fees.
I. BACKGROUND
Kirby filed arfapplication for disability insurance benefits ("DIB") and
suppleme3:1tal security income ("SSI") on February 14, 2006, alleging disability beginning
on September 1, 2004. The Social Security Administration denied Kirby's claim initially
and on r�consideration. Kirby requested a hearing before an administrative law judge
On Janu�ry 23, 2017, Nancy A. Berryhill became the Acting Commissioner of Social
Security; therefore, she is substituted as the named defendant pursuant to Federal Rule of
Civil Procedure 25(d).
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