United States District Court, E.D. Tennessee, Knoxville
KIMBERLY B. WILSON, Plaintiff,
CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.
MEMORANDUM AND ORDER
case is before the undersigned pursuant to 28 U.S.C. §
636(b), the Rules of this Court, and the consent of the
parties [Doc. 16]. Now before the Court is the
Plaintiff's Motion for Attorney Fees Pursuant to 28
U.S.C. § 2412(d)(1) [Doc. 23], filed on July 5, 2017.
The Plaintiff requests that the Court enter an Order awarding
$1, 812.50 in attorney's fees and $20.88 in expenses
under the Equal Access to Justice Act (“EAJA”),
28 U.S.C. § 2412(d)(1).
21, 2016, the Plaintiff filed a Motion for Judgment on the
Pleadings and Memorandum in Support [Docs. 17 & 18], and
on July 28, 2016, the Commissioner filed a competing Motion
for Summary Judgment and Memorandum in Support [Docs. 19
& 20]. The Court entered a Memorandum Opinion [Doc. 21]
on June 27, 2017, granting in part the Plaintiff's motion
and denying the Commissioner's motion. Specifically, the
Court ordered that the case be remanded to the Administrative
Law Judge to reconsider certain medical opinions pursuant to
20 C.F.R. § 404.1527(c). The Plaintiff subsequently
filed the instant motion on July 5, 2017, and the
Commissioner filed a response [Doc. 26] on July 19, 2017,
stating that she had no opposition to the motion.
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
3. No special circumstances warranting denial of fees may
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
address each consideration in turn.
Plaintiff is the Prevailing Party
case, the Plaintiff obtained a “sentence four”
remand, which, for purposes of EAJA fees, renders her a
“prevailing party.” See Melkonyan v.
Sullivan, 501 U.S. 89 (1991). Thus, the Court finds the
first condition for granting attorney's fees under the
EAJA has been met.
Commissioner's Position was without Substantial
satisfy the “substantial justification”
requirement, the Commissioner's position must be
justified “both in fact and in law, to a degree that
could satisfy a reasonable person.” Jankovich v.
Bowen, 868 F.2d 867, 869 (6th Cir. 1989). In this case,
the Commissioner has stated that she does not oppose the
Plaintiff's request for attorney's fees under the
EAJA [Doc. 26], thereby conceding that the Commissioner's
position in this matter was not ...