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England v. Colvin

United States District Court, E.D. Tennessee, Knoxville

March 5, 2015

LINDA FAYE ENGLAND, Plaintiff,
v.
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 Motion for Attorney Fees pursuant to 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, 265.70 under the EAJA. [Doc. 21]. The Commissioner filed a Response [Doc. 22] offering no objection to Plaintiff's request for attorney fees.

I. BACKGROUND

On April 11, 2014, Plaintiff filed a Motion for Judgment on the Pleadings and Memorandum in Support [Docs. 14 & 15]. On October 23, 2014, this Court filed a Report and Recommendation recommending that Plaintiff's Motion for Judgment on the Pleadings be granted and her case remanded for the ALJ to reconsider whether Plaintiff was capable of performing past relevant work in accordance with her assessed RFC. [Doc. 19]. On November 13, 2014, the District Court adopted the Report and Recommendation and ordered that Plaintiff's Motion for Judgment on the Pleadings be granted. [Doc. 20].

II. ANALYSIS

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 her a "prevailing party." See ...


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