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Clowdus v. Berryhill

United States District Court, D. Oregon

January 22, 2018

KIMBERLY CLOWDUS, Plaintiff,
v.
NANCY A. BERRYHILL,[1] Acting Commissioner, Social Security Administration, Defendant.

          ROBYN M. REBERS Attorneys for Plaintiff

          BILLY J. WILLIAMS United States Attorney

          JANICE E. HEBERT Assistant United States Attorney

          MICHAEL W. PILE Acting Regional Chief Counsel

          MARTHA A. BODEN Attorneys for Defendant

          OPINION AND ORDER

          ANNA J. BROWN United States Senior District Judge

         This 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. § 2412.

         For the reasons that follow, the Court DENIES Plaintiff's request for EAJA fees.

         BACKGROUND

         Plaintiff 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.

         The ALJ 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.

         Plaintiff 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 proceedings.

         On November 7, 2017, Plaintiff filed this Motion for EAJA Fees. Plaintiff seeks an award of attorneys' ...


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