Patterson

MEMORANDUM OF DECISION

Before the Court is plaintiffs motion for an award of attorney’s fees, costs, and expenses pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412 (d). Defendant filed an opposition to the motion, and plaintiff filed a reply.

Proceedings

Plaintiff brought this action pursuant to 42 U.S.C. § 405 (g) to obtain judicial review of a final decision of the Commissioner of the Social Security Administration denying plaintiffs application for disability insurance benefits. On February 17, 2000, the Court entered judgment in favor of plaintiff, and remanded the case to defendant pursuant to sentence four of 42 U.S.C. § 405 (g) for further proceedings consistent with the Memorandum of Decision filed on February 16, 2000. Plaintiff timely filed this motion for an EAJA award in the total amount of $5,095.97, representing 37.25 hours of attorney’s services at the rate of $134.12 per hour, plus $100.00 for costs.

Discussion

Under the EAJA, a prevailing party will be awarded reasonable attorney fees, unless the government demonstrates that its position in the litigation was “substantially justified,” or that “special circumstances make an award unjust.”…