United States District Court, E.D. Tennessee, Knoxville
BRIAN E. DESKINS, Plaintiff,
CAROLYN W. COLVIN, Commissioner of Social Security, Defendant.
REPORT AND RECOMMENDATION
H. BRUCE GUYTON, 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 Application for Attorney Fees Under the Equal Access to Justice Act ("EAJA"). [Doc. 21]; see 28 U.S.C. § 2412(d). Plaintiff moves the Court to enter an order awarding attorney fees in the amount of $4, 617.00 and $419.08 in costs and expenses under the EAJA. [Doc. 21; 21-1]. The Commissioner filed a Response [Doc. 22] offering no objection to Plaintiff's request for attorney fees.
On October 19, 2014, Plaintiff filed a Motion for Summary Judgment and Memorandum in Support [Docs. 13 & 14]. On December 16, 2014, the Defendant filed a Joint Motion for Entry of Judgment with Remand under Sentence Four of 42 U.S.C. § 405(g) [Doc. 18]. In light of this Motion, United States Chief District Judge Thomas A. Varlan entered an Order of Remand and Judgment [Docs. 19 & 20] on January 8, 2015.
Now before the Court is 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; and
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). The Court will first address whether all four conditions are met for an EAJA award, and then analyze whether the requested EAJA award is reasonable.
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 ...