Opinion
Case No. 1:12-cv-00694-AWI-SMS
01-13-2015
CHARLES NASH, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
ORDER ADOPTING FINDINGS AND RECOMMENDATION RECOMMENDING DENIAL OF PLAINTIFF'S REQUEST FOR ATTORNEYS' FEES
(Docs. 34 and 38)
On September 30, 2013, the District Court issued an order in which it adopted in part and declined to adopt in part, findings and recommendations filed by the Magistrate Judge on May 24, 2013. The District Court remanded the above-entitled case to the Commissioner for further proceedings relating to Plaintiff's claimed side effects from Lasix, a medication he took to reduce edema.
On December 24, 2013, Plaintiff moved for attorneys' fees and costs under the Equal Access to Justice Act. The Commissioner opposed the motion, contending that her position was substantially justified. On February 20, 2014, the Magistrate Judge filed findings and recommendations in which she concluded that the Commissioner's defense of the ALJ's decision was substantially justified and recommended denial of Plaintiff's request for attorneys' fees. In the alternative, the Magistrate Judge recommended that any award of attorneys' fees be reduced to $3888.17 in fees and costs.
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), the Court has reviewed the case de novo. Having carefully reviewed the entire file and applicable law, the Court finds the Commissioner's support of the ALJ's determination to have been substantially justified. See 28 U.S.C. § 2412(d)(1)(A).
Accordingly, the findings and recommendation to deny attorneys' fees, filed February 20, 2014, are hereby ORDERED adopted. Plaintiff's motion for attorneys' fees is hereby DENIED in full. IT IS SO ORDERED. Dated: January 13, 2015
/s/_________
SENIOR DISTRICT JUDGE