REPORT AND RECOMMENDATION

SONJA F. BIVINS, Magistrate Judge.

This matter is before the Court on Plaintiff's unopposed2 Application for Attorney Fees Under the Equal Access to Justice Act (EAJA) and Defendant's response thereto. (Docs. 19, 21). This action was referred to the undersigned Magistrate Judge for report and recommendation pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 72.2(c)(3). Upon consideration of the motion, the Commissioner's lack of opposition thereto (Doc. 21), and all other pertinent portions of the record, it is the recommendation of the undersigned that the motion is due to be GRANTED and that Plaintiff should receive a reasonable fee in the amount of $2,931.02 under the Social Security Act for legal services rendered by her attorney in this Court.

Plaintiff commenced this action under 42 U.S.C. § 405(g) seeking judicial review of a final decision of the Commissioner denying her application for a period of disability and disability insurance benefits. (Doc. 1). An order reversing and remanding the case for further administrative proceedings was entered on December 12, 2016, following the Government's request that the matter be remanded pursuant to sentence four of 42 U.S.C. § 405(g), which the Court construed as a tacit admission that Plaintiff's application was not appropriately considered. (Docs. 16, 17, 18). Plaintiff is thus the prevailing party.

Plaintiff timely filed a motion for attorney fees under the EAJA in the amount of $2,931.02. (Doc. 19). The Commissioner filed a response consenting to the payment of $2,931.02 to Plaintiff as attorney fees under the Act. (Doc. 21).

The undersigned finds, based on Plaintiff's application and the formula set forth in Lucy v. Astrue, 2007 U.S. Dist. LEXIS 97094, *13-14 (S.D. Ala. July 5, 2007), that an hourly rate of $191.57 is appropriate.3 The undersigned further finds that 15.30 hours is a reasonable number of hours for attorney time expended representing Plaintiff in federal court.4 Thus, considering 15.30 hours of work performed at a rate of $191.57 per hour, Plaintiff is entitled to the agreed upon attorney's fees of $2,931.02.

Upon consideration of the pertinent pleadings, it is the recommendation of the undersigned that Plaintiff's Application for Attorney Fees Under the Equal Access to Justice Act be GRANTED, and that Plaintiff be awarded a reasonable attorney's fee in the amount of $2,931.02 under the EAJA for legal services rendered by her attorney in this Court.5

NOTICE OF RIGHT TO FILE OBJECTIONS

A copy of this report and recommendation shall be served on all parties in the manner provided by law. Any party who objects to this recommendation or anything in it must, within fourteen (14) days of the date of service of this document, file specific written objections with the Clerk of this Court. See 28 U.S.C. § 636(b)(1); Fed.R.Civ.P. 72(b); S.D. ALA. GenLR 72(c). The parties should note that under Eleventh Circuit Rule 3-1, "[a] party failing to object to a magistrate judge's findings or recommendations contained in a report and recommendation in accordance with provisions of 28 U.S.C. § 636(b)(1) waives the right to challenge on appeal the district court's order based on unobjected-to factual and legal conclusions if the party was informed of the time period for objecting and the consequences on appeal for failing to object. In the absence of a proper objection, however, the court may review on appeal for plain error if necessary in the interests of justice" 11th Cir. R. 3-1. In order to be specific, an objection must identify the specific finding or recommendation to which objection is made, state the basis for the objection, and specify the place in the Magistrate Judge's report and recommendation where the disputed determination is found. An objection that merely incorporates by reference or refers to the briefing before the Magistrate Judge is not specific.