Henry v. Commissioner of the Social Security Administration

Filing 38

ORDER granting 35 Motion for Attorney Fees. The Court overrules the Defendant's response opposing the Plaintiff's motion for attorney's fees. IT IS ORDERED that Plaintiff's motion for attorney's fees and costs pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412, be granted in the amount of $4,694.81 for fees and $23.00 for costs and expenses. Signed by Chief Judge Terry L Wooten on 4/30/2014.(gnan, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ORANGEBURG DIVISION
LONNIE W. HENRY,

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Plaintiff,
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vs.
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CAROLYN W. COLVIN,
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COMMISSIONER OF SOCIAL
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SECURITY ADMINISTRATION,
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Defendant.
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____________________________________)

Civil Action No: 5:12-01956-TLW
ORDER

On September 13, 2013, plaintiff filed a motion for attorney’s fees and costs pursuant to
the Equal Access to Justice Act, 28 U.S.C. § 2412, on the basis that the position taken by the
Defendant in this action was not substantially justified. (Doc. #35). The motion seeks
reimbursement for counsel’s representation in the captioned matter in the amount of $4,694.81
for fees (25.55 hours at $183.75 per hour), and $23.00 for costs and expenses. Defendant filed a
response on September 30, 2013, contending that Plaintiff’s request for attorney fees should be
denied because the government’s position was substantially justified. (Doc. #36). Plaintiff filed a
Reply to the Defendant’s Response on October 9, 2013. (Doc. #37).
Under the EAJA, a court shall award attorney’s fees to a prevailing party in certain civil
actions against the United States unless it finds that the government’s position was substantially
justified or that special circumstances make an award unjust. 28 U.S.C. § 2412(d)(1)(A). The
standard to be applied in determining whether the Commissioner was “substantially justified” in
terminating social security benefits, for purposes of determining whether award of attorney’s
fees under the EAJA is warranted, is whether there was arguably substantial evidence to support
the Commissioner’s position, not whether there was some evidence to support the position.

Anderson v. Heckler, 756 F.2d 1011 (4th Cir. 1984). After careful consideration of the briefs
filed by the parties, the Court concludes that the position was not substantially justified.
Based on the foregoing and after considering the briefs and materials submitted by the
parties, the Court overrules the Defendant’s response opposing the Plaintiff’s motion for
attorney’s fees. IT IS ORDERED that Plaintiff’s motion for attorney’s fees and costs pursuant to
the Equal Access to Justice Act, 28 U.S.C. § 2412, be granted in the amount of $4,694.81 for
fees and $23.00 for costs and expenses.

s/Terry L. Wooten
TERRY L. WOOTEN
UNITED STATES DISTRICT JUDGE
April 30, 2014
Columbia, South Carolina