Riddle v. Social Security Administration, Commissioner of

Filing 24

REPORT AND RECOMMENDATIONS re 20 First MOTION for Attorney Fees Application for Award of Attorney's Fees under EAJA filed by Joanna Maria Smith Riddle. It is recommended that the plaintiffs Motion be GRANTED, and that plaintiff be awarded EAJA fees in the amount of $$1,637.50, and expenses in the amount of $20.10. Signed by Magistrate Judge Dennis H Inman on 3/10/2015. (AMP)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
GREENEVILLE
JOANNA MARIA SMITH RIDDLE
V.
CAROLYN W. COLVIN, Acting
Commissioner of Social Security

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NO. 2:14-CV-130

REPORT AND RECOMMENDATION
This matter has been referred to the United States Magistrate Judge under the standing
orders of the Court for a report and recommendation regarding the Motion [Doc. 20] for an
award of attorneys fees to the plaintiff under the Equal Access to Justice Act (“EAJA”), 28
U. S.C. § 2412(d)(1)(A). The defendant does not oppose the Motion.
The plaintiff’s case was recently remanded by the District Judge to the defendant for
further administrative review. While this fact makes plaintiff entitled to fees under the
EAJA, attorney fees under the Social Security Act itself can only be awarded if the plaintiff
is ultimately awarded benefits. Should the plaintiff be awarded past due benefits, counsel
will be required to refund whichever fee is smaller; either the fee under the EAJA, or the fee
under the Social Security Act.
In order to be entitled to an award of attorney fees and expenses under the Equal
Access to Justice Act, all of the conditions set forth in 28 U.S.C. § 2412(d)(1)(A), (B) must
be met. These are that:
(1)

the party seeking the fees is the “prevailing party” in a civil action brought by
or against the U.S.,

(2)

an application for such fees, including an itemized justification for the amount

requested, is timely filed within 30 days of final judgment in the action,
(3)

the position of the government is not substantially justified and

(4)

no special circumstances make an award unjust.

The Magistrate Judge finds that all of these factors are met in this case.
An affidavit of the hours expended by plaintiff’s counsel and the expenses incurred
has been submitted. The undersigned finds both to be reasonable. No request was made for
an award of costs.
It is recommended that the plaintiff’s Motion be GRANTED, and that plaintiff be
awarded EAJA fees in the amount of $$1,637.50, and expenses in the amount of $20.10.1
Respectfully recommended:

s/ Dennis H. Inman
United States Magistrate Judge

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Any objections to this report and recommendation must be filed within fourteen (l4) days of its service
or further appeal will be waived. Thomas v. Arn, 474 U.S. 140 (1985); United States v. Walters, 638 F.2d
947-950 (6th Cir. 198l); 28 U.S.C. § 636(b)(1)(B) and (C).

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