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Paul E. C. v. Commissioner Social Security Administration

United States District Court, D. Oregon

May 31, 2018

PAUL E. C., [1]Plaintiff,
v.
COMMISSIONER, Social Security Administration, [2] Defendant.

          SARA L GABIN Attorney for Plaintiff.

          BILLY J. WILLIAM United States Attorney.

          RENATA GOWEI Assistant United States Attorney.

          MICHAEL W. PILE Acting Regional Chief Counsel.

          JOSEPH J. LANGKAMER Special Assistant United States Attorney Attorneys for Defendant.

          OPINION AND ORDER

          ANNA J. BROWN United States Senior District Judge.

         This matter comes before the Court on Plaintiff Paul E. C.'s Motion (#26) for an Award of Attorney Fees Pursuant to the Equal Access to Justice Act (EAJA) in which he seeks an award of attorneys' fees pursuant to 28 U.S.C. § 2412.

         For the reasons that follow, the Court GRANTS Plaintiff's request for EAJA fees and AWARDS fees of $5, 320.62.

         BACKGROUND

         On November 24, 2014, Plaintiff filed his application for Supplemental Security Income (SSI) under Title XVI of the Social Security Act and alleged a disability onset date of April 15, 2010. His application was denied initially and on reconsideration. On March 11, 2016, an Administrative Law Judge (ALJ) held a hearing on Plaintiff's application.

         On June 2, 2016, the ALJ issued a decision in which he found Plaintiff is not disabled and, therefore, is not entitled to benefits. On August 3, 2016, the Appeals Council denied Plaintiff's request for review, and the ALJ's decision became the final decision of the Commissioner.

         On August 15, 2016, Plaintiff filed his Complaint in this Court seeking judicial review of the Commissioner's final decision.

         On January 22, 2018, this Court issued an Opinion and Order (#24), reversed the decision of the Commissioner, and remanded the matter for further administrative proceedings pursuant to sentence four of 42 U.S.C. § 405(g).

         On April 13, 2018, Plaintiff, as the prevailing party, filed a Motion (#26) for attorneys' fees pursuant to EAJA. Plaintiff seeks attorneys' fees in the amount of $5, 320.62, which includes ...


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