Minor v. Barnhart

Full title: TERESA M. MINOR, Plaintiff, v. JO ANNE B. BARNHART, COMMISSIONER OF SOCIAL…

Court: United States District Court, S.D. Ohio, Western Division at Dayton

Date published: Jan 2, 2008

Case No. 3:07-cv-011 (S.D. Ohio Jan. 2, 2008)

Opinion

Case No. 3:07-cv-011.

January 2, 2008

ORDER

THOMAS ROSE, District Judge

This matter is before the Court on the parties' Joint Motion to Award Attorney Fees Under the Equal Access to Justice Act (EAJA). (Doc. 16).

The parties have jointly moved for an award of fees under the EAJA, 28 U.S.C. § 2412, in the amount of $3,200.00. The parties agree that any fees paid pursuant to the EAJA belong to Plaintiff and not to her attorney, but that pursuant to an assignment of fees, any award under the EAJA be paid directly to Plaintiff's attorney. (Doc. 16, Attachment thereto).

An award of fees may be made under the EAJA in a social security disability action such as the present case. Jankovich v. Bowen, 868 F.2d 867 (6^th Cir. 1989). The parties have essentially stipulated that in addition to filing a timely application, Plaintiff is a prevailing party, the Commissioner's position was without substantial justification and there are no special circumstances which would warrant a denial of fees. See Willis v. Sullivan, 931 F.2d 390, 399 (6^th Cir. 1991).

The parties Joint Motion to Award Attorney Fees Under the Equal Access to Justice Act (EAJA) in the amount of $3,200.00, payable to Plaintiff's counsel, (Doc. 16), is granted. The Clerk shall enter judgment accordingly.

IT IS SO ORDERED.