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Wills v. Colvin

United States District Court, D. Oregon

July 29, 2014

MONA WILLS, Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner, Social Security Administration, [1] Defendant.

MARTIN R. COHEN Lake Oswego, OR. LINDA S. ZISKIN Ziskin Law Office Las Vegas, Attorneys for Plaintiff.

S. AMANDA MARSHALL United States Attorney

ADRIAN L. BROWN Assistant United States Attorney Portland, OR.

DAVID MORADO Regional Chief Counsel

GERALD J. HILL Special Assistant United States Attorney Social Security Administration Seattle, WA, Attorneys for Defendant.

OPINION AND ORDER

ANNA J. BROWN, District Judge.

This matter comes before the Court on Plaintiff Mona Wills's Motion (#26) for Award of Attorneys' Fees Pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. ยง 2412(d) in the amount of $7, 132.33.

For the following reasons, the Court GRANTS Plaintiff's Motion as modified herein and AWARDS attorneys' fees to Plaintiff in the amount of $7, 132.27.

BACKGROUND

On June 23, 2009, Plaintiff filed an application for Disability Insurance Benefits (DIB) under Title II of the Social Security Act. Plaintiff alleged she was disabled due to fibromyalgia, arthritis, depression, sleep apnea, and "other." Tr. 153. Plaintiff alleged a disability onset date of May 2, 2009. Tr. 153. On December 23, 2010, following a hearing, the ALJ issued a decision in which he found Plaintiff is not disabled and, therefore, is not entitled to benefits. Tr. 33.

On July 9, 2012, Plaintiff filed her Complaint with this Court seeking judicial review of the Commissioner's final decision. Plaintiff argued in her Opening Brief that the ALJ erred (1) at Step Two when he did not find Plaintiff's mental impairments and impairments of fibromyalgia and carpal-tunnel syndrome are severe and (2) when he failed to include all of Plaintiff's limitations in his evaluation of Plaintiff's RFC.

On December 17, 2013, this Court concluded "the ALJ erred when he failed to consider the opinions of Dr. Scharf and Dr. Boyd with respect to Plaintiff's limited ability to persist because the ALJ did not provide legally sufficient reasons supported by substantial evidence in the record for doing so." The Court reversed and remanded this matter for further proceedings. Opin. and Order (#24) at 14, 16.

Plaintiff, as the prevailing party, subsequently filed her Motion (#26) for Attorneys' Fees under the EAJA in the amount of $7, 132.27, [2] which includes fees for time spent preparing Plaintiff's EAJA application. The Commissioner opposes an award of fees on the ground that her litigation position was substantially justified. The Commissioner further contends even if the Court ...


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