Case Name in Social Security Case - Unavailable

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
Terri Lynn Mellon, 	)
)
Plaintiff, 	) 	ORDER
)
vs. 	)
)
Kiko Kijakazi, Acting Commissioner 	)
of the Social Security Administration, 	) 	Case No. 1:21-cv-142
)
Defendant. 	)
The Plaintiff filed a Complaint and Motion for Summary Judgment on July 1, 202, and
January 31, 202 respectively. (Doc. Nos. 5, 19). Rather than file a responsive brief, the Defendant
filed a motion to reverse and remand this matter for further administrative action pursuant to 42
U.S.C. § 405(g). (Doc. No. 22). The Plaintiff did not object, but asked for a six month time limit
for the remand and reserved the right to apply for payment of EAJA attorney’s fees. (Doc. No. 23).
Consequently, on March 7, 2022, the Court the granted the Defendant’s Motion for Remand. (Case
No. 1:21-cv-142, Doc. No. 23).
Now before the Court is a Motion for Attorneys’ Fees filed by the Plaintiff on June 3, 2022.
(Doc. No. 26). The Plaintiff is requesting an award of $3,500.00 in attorney’s fees pursuant to the
Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). (Doc. No. 26).
On June 14, 2022, the Defendant filed a response to the Plaintiff’s request, advising that she
“does not object to an award of $3,500.00 attorney fees under EAJA” and that the “Plaintiff’s
requested rate and time spent are reasonable. (Doc. No. 27).
The EAJA provides that a prevailing party is entitled to an award of fees and expenses in an
action br ought by or against the United States “unless the court finds that the position of the United
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States was substantially justified or that special circumstances make an award unjust.” 28 U.S.C. §
2412(d)(1)(A). There being no objection from the Defendant, the court finds that the Plaintiff is
eligible to receive an award of attorney’s fees as requested. Accordingly, the Court GRANTS the
Plaintiff’s Motion for Attorney’s Fees. (Doc. No. 26). The Clerk of Court shall enter judgment for
the Plaintiff and against the Defendant for attorney’s fees in the amount of $3,500.00. These fees
shall be payable directly to the Plaintiff.
IT IS SO ORDERED.
Dated this 15th day of June, 2022.
/s/ Clare R. Hochhalter
Clare R. Hochhalter, Magistrate Judge
United States District Court
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