Martin

MEMORANDUM AND ORDER

This matter is before the court on plaintiff’s application for attorney’s fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412 (b). Plaintiff seeks fees of $4,372.50 for 26.2 hours of legal services performed in the above-captioned matter.

The application for fees under EAJA is based on the fact that plaintiff was the prevailing party in her suit against defendant to obtain social security benefits. Under EAJA, a successful party in a suit against the United States is entitled to attorney’s fees and costs if the government’s position is not substantially justified. 28 U.S.C. § 2412 (d)(1)(A) (except for cases sounding in tort).

I. PROCEDURAL BACKGROUND

Plaintiff’s application for fees was heard by Magistrate Mix pursuant to 28 U.S.C. § 636 (b)(1)(B) and Local Rule 302(b)(13). On September 19, 1986, in accordance with 28 U.S.C. § 636 (b)(1)(C), she filed proposed findings and recommendations. She found that the reasoning in Albrecht v. Heckler, 765 F.2d 914 (9th Cir.1985), precluded an award of attorney’s fees under EAJA. She therefore recommended that the application be denied.

On October 2, 1986, plaintiff filed objections to the…