United States District Court, D. Oregon
M. REBERS Attorneys for Plaintiff
J. WILLIAMS United States Attorney
E. HEBERT Assistant United States Attorney
MICHAEL W. PILE Acting Regional Chief Counsel
A. BODEN Attorneys for Defendant
OPINION AND ORDER
J. BROWN United States Senior District Judge
matter comes before the Court on Plaintiff's Motion (#17)
for Fees Under the Equal Access to Justice Act in which she
seeks an award of attorneys' fees pursuant to 28 U.S.C.
reasons that follow, the Court DENIES
Plaintiff's request for EAJA fees.
protectively filed her application for Disability Insurance
Benefits (DIB) on August 19, 2012, and her application for
Supplemental Security Income (SSI) on October 30, 2012.
Plaintiff's applications were denied initially and on
reconsideration. An Administrative Law Judge (ALJ) held a
hearing on November 21, 2014.
issued a decision on March 26, 2015, in which he found
Plaintiff is not entitled to benefits. After the ALJ issued
his decision Plaintiff submitted additional medical records
to the Appeals Council. On July 25, 2016, however, the
Appeals Council concluded those records did not provide a
basis to modify the ALJ's decision and denied
Plaintiff's request for review. The ALJ's decision,
therefore, became the final decision of the Commissioner.
appealed the decision of the Commissioner to this Court. This
Court reviewed the Commissioner's denial of benefits,
and, after reviewing the record, the Court issued its Opinion
and Order on August 17, 2017, reversing the decision of the
Commissioner and remanding the matter pursuant to sentence
four of 42 U.S.C. § 405(g) for further administrative
November 7, 2017, Plaintiff filed this Motion for EAJA Fees.
Plaintiff seeks an award of attorneys' ...