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Hollon v. Comm'r of Soc. Sec.

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON
Sep 29, 2015
Case No.: 3:14-cv-162 (S.D. Ohio Sep. 29, 2015)

Opinion

Case No.: 3:14-cv-162

09-29-2015

WILLIAM HOLLON, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.



(Consent Case)
ORDER APPROVING THE PARTIES' JOINT STIPULATION FOR EAJA FEES (DOC. 18) UNDER 28 U.S.C. § 2412

The parties unanimously consented to the jurisdiction of the Magistrate Judge. Doc. 5. --------

This Social Security disability benefits appeal is before the Court on the parties' joint stipulation in which they agree that Plaintiff should be awarded attorney's fees under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412(d), in the amount of $4,225.81. Doc. 18. EAJA provides for an award of attorney's fees to a party who prevails in a civil action against the United States "when the position taken by the Government is not substantially justified and no special circumstances exist warranting a denial of fees." Bryant v. Comm'r of Soc. Sec., 578 F.3d 443, 445 (6th Cir. 2009) (citing 28 U.S.C. § 2412(d)(1)(A)). A party who prevails and obtains a Sentence Four remand is a prevailing party for EAJA purposes. See Shalala v. Schaefer, 509 U.S. 292, 301-02 (1993). EAJA fees are payable to the litigant. Astrue v. Ratliff, 586 U.S. 586, 589 (2010).

The Court found the ALJ's non-disability finding unsupported by substantial evidence and remanded this case to the Commissioner under the Fourth Sentence of 42 U.S.C. § 405(g) for further proceedings. Doc. 16. Accordingly, Plaintiff is the prevailing party in this case for EAJA purposes and, therefore, is entitled to an award of attorney's fees under EAJA. See Shalala, 509 U.S. at 301-02. Having considered the nature of the work counsel performed in this case, the Court finds the stipulated fee reasonable. Accordingly, Plaintiff is entitled to an EAJA fee award in the stipulated amount of $4,225.81.

Accordingly, based on the foregoing, the Court: (1) APPROVES the parties' joint stipulation for an EAJA fee award (doc. 18); and (2) GRANTS Plaintiff EAJA fees in the amount of $4,225.81. As no further matters remain pending for review, this case remains TERMINATED upon the Court's docket.

IT IS SO ORDERED. Date: September 29, 2015

s/ Michael J . Newman

Michael J. Newman

United States Magistrate Judge


Summaries of

Hollon v. Comm'r of Soc. Sec.

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON
Sep 29, 2015
Case No.: 3:14-cv-162 (S.D. Ohio Sep. 29, 2015)
Case details for

Hollon v. Comm'r of Soc. Sec.

Case Details

Full title:WILLIAM HOLLON, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.

Court:UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT DAYTON

Date published: Sep 29, 2015

Citations

Case No.: 3:14-cv-162 (S.D. Ohio Sep. 29, 2015)