United States District Court, E.D. Tennessee, Knoxville
Gary E. KIRBY, Plaintiff,
CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.
REPORT AND RECOMMENDATION
C. CLIFFORD SHIRLEY, Jr., Magistrate Judge.
This case is before the undersigned pursuant to 28 U.S.C. § 636(b) and Rule 72(b) of the Federal Rules of Civil Procedure, for a report and recommendation regarding disposition of Plaintiff's Motion for Attorney Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412. [Doc. 19]. The Plaintiff requests the Court enter an Order awarding attorney fees in the amount of $5, 097.60 under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412 (d)(1).
On July 2, 2014, United States District Judge Mattice entered an Order granting the Plaintiff's Motion for Summary Judgment, pursuant to 42 U.S.C. § 405(g). [Doc. 17]. The District Court denied the Commissioner's Motion for Summary Judgment and remanded this case to the Administrative Law Judge. [Doc. 17].
Now before the Court is the Plaintiff's request for attorney's fees under the EAJA. Four conditions must be met before fees will be awarded under the EAJA:
1. Plaintiff must be a prevailing party;
2. The Commissioner's position must be without substantial justification;
3. No special circumstances warranting denial of fees may exist;
4. The application for attorney fees must be filed within 30 days of the final judgment in the action.
See 28 U.S.C. § 2412(d)(1).
A. Plaintiff is the Prevailing Party
In this case, Plaintiff obtained a "sentence four" remand, which, for purposes of EAJA fees, renders him a "prevailing party." See ...