Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Johnson v. Berryhill

United States District Court, W.D. Kentucky, Owensboro Division

March 21, 2018

REBECCA L. JOHNSON, PLAINTIFF
v.
NANCY A. BERRYHILL, Acting Commissioner of Social Security DEFENDANT

          MEMORANDUM OPINION AND ORDER

          H. BRENT BRENNENSTUHL UNITED STATES MAGISTRATE JUDGE.

         BACKGROUND

         Before the Court is the motion of Plaintiff, Rebecca L. Johnson, for attorney fees under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(a)(1) and (d)(1)(A) (DN 22). Defendant, Nancy A. Berryhill, Commissioner of Social Security (“Commissioner”), has filed a response (DN 23). Johnson's time to reply has expired. For the reasons set forth below, Johnson's motion is denied.

         Pursuant to 28 U.S.C. § 636(c) and Fed.R.Civ.P. 73, the parties have consented to the undersigned United States Magistrate Judge conducting all further proceedings in this case, including issuance of a memorandum opinion and entry of judgment, with direct review by the Sixth Circuit Court of Appeals in the event an appeal is filed (DN 9). This matter is ripe for determination.

         FINDINGS OF FACT

         On September 12, 2016, Johnson filed a complaint seeking judicial review of the final decision of the Commissioner pursuant to 42 U.S.C. § 405(g) (DN 1). The Commissioner filed an answer and a copy of the administrative record (DN 7, 8). Johnson filed a fact and law summary with a supporting memorandum (DN 11, 11-1). Thereafter, the Commissioner filed a fact and law summary with a supporting memorandum (DN 16). The undersigned issued a memorandum opinion and order reversing the final decision of the Commissioner, and, pursuant to sentence four of 42 U.S.C. § 405(g), remanding the case to the Commissioner for further proceedings (DN 17). The Commissioner filed a motion for reconsideration (DN 19) and Johnson filed a response (DN 20). In a memorandum opinion and order entered October 11, 2017, the undersigned denied the Commissioner's motion for reconsideration (DN 19).

         On October 31, 2017, Johnson filed her motion for an award of attorney fees (DN 22). In support of her motion, Johnson's attorney has submitted a memorandum, an itemization of time, and a proposed order (DN 22, 22-1).

         CONCLUSIONS OF LAW

         The EAJA allows the award of attorney fees and other expenses against the government provided that:

(1) The party seeking such fees is the “prevailing party” in a civil action brought by or against the United States;
(2) An application for such fees, including an itemized justification for the amount requested, is timely filed within thirty days of final judgment in the action;
(3) The position of the government is not substantially justified; and (4) No. special circumstances make an award unjust.

         28 U.S.C. §§ 2412(d)(1)(A), (B). The absence of any of the above factors precludes an award of fees. 28 U.S.C. §§ 2412(d)(1)(A), (B).

         Here, Johnson seeks an award of attorney fees in the amount of $3, 218.75 for 25.75 hours of work at the EAJA's statutory rate of $125.00 per hour (DN 22). The parties agree that Plaintiff was the prevailing party, and neither argues that there were any special circumstances (DN 22, 23). The Commissioner argues that the motion should be denied because her position was substantially justified (DN 23, 23-1). Alternatively, the Commissioner contends that the ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.