United States District Court, M.D. Georgia, Macon Division
September 15, 2014
JASON O'BRIEN, Plaintiff,
CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.
MARC T. TREADWELL, District Judge.
Before the Court is the Plaintiff's motion for attorney's fees (Doc. 22) pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d), following the remand of his claim for Social Security benefits. The Act provides that a prevailing plaintiff may recover attorney's fees incurred in a suit against the United States unless the position of the United States was "substantially justified or... special circumstances make an award unjust." 28 U.S.C. § 2412(d)(1)(A). On August 12, 2014, the Court adopted the Magistrate Judge's Recommendation reversing and remanding this action for further proceedings pursuant to "sentence four" of 42 U.S.C. § 405(g). (Doc. 20). A claimant who obtains a court order remanding his Social Security claim to the Commissioner for further proceedings is a prevailing party for purposes of the Equal Access to Justice Act. Shalala v. Schaefer, 509 U.S. 292, 300-01 (1993).
As the prevailing party, the Plaintiff now requests attorney's fees in the amount of $3, 655.31 for 26.25 hours of work. The United States does not contend that its position was substantially justified and does not object to the Plaintiff's request. (Doc. 23).
Accordingly, the Plaintiff's motion for attorney's fees (Doc. 22) is GRANTED. It is ORDERED that the Plaintiff receive attorney's fees in the amount of $3, 655.31.