Filed: Apr. 30, 2012
Latest Update: Apr. 30, 2012
Summary: REPORT AND RECOMMENDATION WILLIAM B. MITCHELL CARTER, Magistrate Judge. I. Introduction Plaintiff's motion for attorney's fees under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. 2412(d) (Doc. 21), is before the undersigned having been referred by the District Court for a report and recommendation pursuant to 28 U.S.C. 636(b) and Fed. R. Civ. P. 72(b). II. Discussion In order to recover attorney's fees under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. 2412(d), four condi
Summary: REPORT AND RECOMMENDATION WILLIAM B. MITCHELL CARTER, Magistrate Judge. I. Introduction Plaintiff's motion for attorney's fees under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. 2412(d) (Doc. 21), is before the undersigned having been referred by the District Court for a report and recommendation pursuant to 28 U.S.C. 636(b) and Fed. R. Civ. P. 72(b). II. Discussion In order to recover attorney's fees under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. 2412(d), four condit..
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REPORT AND RECOMMENDATION
WILLIAM B. MITCHELL CARTER, Magistrate Judge.
I. Introduction
Plaintiff's motion for attorney's fees under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412(d) (Doc. 21), is before the undersigned having been referred by the District Court for a report and recommendation pursuant to 28 U.S.C. § 636(b) and Fed. R. Civ. P. 72(b).
II. Discussion
In order to recover attorney's fees under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412(d), four conditions must be met:
(1) The plaintiff must be a prevailing party;
(2) The application for attorney's fees, including an itemized justification for the amount requested, must be filed within 30 days of the final judgment in the action;
(3) No special circumstances warranting denial of fees may exist;
(4) The government's position must be without substantial justification.
28 U.S.C. § 2412(d); see also, Damron v. Commissioner of Social Security, 104 F.3d 853, 855 (6th Cir. 1997).
In the instant case, the Commissioner has filed no response to the motion for attorney's fees under the EAJA. Therefore, the Commissioner neither asserts the decision below was not substantially justified nor takes issue with the reasonableness of the fees sought. Having reviewed the record and the plaintiff's itemized billing, the undersigned finds plaintiff has met all requirements to receive EAJA fees. The rates charged are consistent with fees allowed in previous cases and are properly computed.
III. Conclusion
Accordingly, it is RECOMMENDED plaintiff's motion for attorney's fees under the Equal Access to Justice Act, 28 U.S.C. § 2412(d), be GRANTED.1
It is further RECOMMENDED that plaintiff be awarded attorney's fees in the amount of $1,238.99 and paralegal fees in the amount of $230.00 for a total of $1,468.99.
