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Allen v. Colvin

United States District Court, Ninth Circuit

August 1, 2013

ANGELA L. ALLEN, Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant.

ORDER

ANN ALKEN, District Judge.

Plaintiff moves for an award of costs and also for attorney fees under the Equal Access to Justice Act, 28 U.S.C. ยง 2412. Defendant objects to any award, arguing that the position of the Commissioner was substantially justified.

Upon review of the record and the prevailing caselaw in the District of Oregon, I find that the Commissioner's position was not substantially justified with respect to the issue remanded by the court.

Accordingly, plaintiff's Motion for Award of EAJA Fees (doc. 22) is GRANTED, and plaintiff is awarded attorney fees in the amount of $6, 876.00.

IT IS SO ORDERED


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