Filed: Apr. 27, 2017
Latest Update: Apr. 27, 2017
Summary: REPORT AND RECOMMENDATION ANTHONY E. PORCELLI , Magistrate Judge . This cause comes before the Court upon Plaintiff's Unopposed Motion for Attorney's Fees Pursuant to Equal Access to Justice Act (Doc. 23). By the motion, Plaintiff seeks an award of attorney's fees in the amount of $1,840.32 pursuant to the Equal Access to Justice Act ("EAJA"), 28 U.S.C. 2412. On February 16, 2017, upon consideration of the undersigned's Report and Recommendation (Doc. 19), this Court entered an Order ado
Summary: REPORT AND RECOMMENDATION ANTHONY E. PORCELLI , Magistrate Judge . This cause comes before the Court upon Plaintiff's Unopposed Motion for Attorney's Fees Pursuant to Equal Access to Justice Act (Doc. 23). By the motion, Plaintiff seeks an award of attorney's fees in the amount of $1,840.32 pursuant to the Equal Access to Justice Act ("EAJA"), 28 U.S.C. 2412. On February 16, 2017, upon consideration of the undersigned's Report and Recommendation (Doc. 19), this Court entered an Order adop..
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REPORT AND RECOMMENDATION
ANTHONY E. PORCELLI, Magistrate Judge.
This cause comes before the Court upon Plaintiff's Unopposed Motion for Attorney's Fees Pursuant to Equal Access to Justice Act (Doc. 23). By the motion, Plaintiff seeks an award of attorney's fees in the amount of $1,840.32 pursuant to the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412. On February 16, 2017, upon consideration of the undersigned's Report and Recommendation (Doc. 19), this Court entered an Order adopting the Report and Recommendation and reversing and remanding the case under sentence four of 42 U.S.C. § 405(g) to the Commissioner for further administrative proceedings (Doc. 20). Thereafter, the Clerk entered judgment and subsequently an amended judgment in favor of Plaintiff (Docs. 21 & 22). As the prevailing party, Plaintiff now requests an award of attorney's fees. See 28 U.S.C. § 2412(d)(1)(A); cf. Shalala v. Schaefer, 509 U.S. 292, 300-02 (1993) (concluding that a party who wins a sentence-four remand order under 42 U.S.C. § 405(g) is a prevailing party).
Namely, Plaintiff requests an award of attorney's fees for 9.6 hours expended at an hourly rate of $191.70, for a total award of $1,840.32 (Doc. 23-1). Based on the undersigned's own knowledge and experience, and for the reasons set forth in Plaintiff's motion, the undersigned concludes that both the hours expended and the hourly rate requested are fair and reasonable. Furthermore, as Plaintiff contends, the position of the United States was not substantially justified and no special circumstances exist which would make an award of attorney's fees unjust in this instance. See 28 U.S.C. § 2412(d)(1)(A). Indeed, the Commissioner does not oppose the requested relief (Doc. 23, at 2). Accordingly, it is hereby
RECOMMENDED:
1. Plaintiff's Unopposed Motion for Attorney's Fees Pursuant to Equal Access to Justice Act (Doc. 23) be GRANTED.
2. Plaintiff be awarded attorney's fees in the amount of $1,840.32.
IT IS SO REPORTED.
