Summary
holding that the Commissioner was not substantially justified when the ALJ failed to provide good reasons even though other evidence potentially supported the ALJ
Summary of this case from Gilbert v. Comm'n of Soc. Sec.Opinion
Case No. 3:07cv00108.
April 8, 2009
DECISION AND ENTRY
The Court has reviewed de novo the Report and Recommendations of United States Magistrate Judge Sharon L. Ovington (Doc. #21), to whom this case was originally referred pursuant to 28 U.S.C. § 636(b), and noting that no objections have been filed thereto and that the time for filing such objections under Fed.R.Civ.P. 72(b) has expired, hereby adopts said Report and Recommendations.
Accordingly, it is hereby ORDERED that:
1. The Report and Recommendations filed on March 17, 2009 (Doc. #21) is ADOPTED in full;
2. Plaintiff's Motion For Attorney Fees Under Equal Access To Justice Act (EAJA), 28 U.S.C. § 2412(d) (Doc. #17) is GRANTED;
3. Plaintiff is granted an award of attorney fees under the EAJA in the amount of $4,386.25; and
4. The case remains terminated on the docket of this Court.