Kirby v. Commissioner of the Social Security Administration, No. 4:2013cv03138 - Document 35 (D.S.C. 2017)
Court Description: ORDER denying 30 Motion for Attorney Fees: The court concludes that the Commissioner has met her burden of showing that her position was substantially justified. Therefore, the Court DENIES Kirby's motion for attorney's fees. Signed by the Honorable David C Norton on 11/6/2017.(gnan )
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Kirby v. Commissioner of the Social Security Administration Doc. 35 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA FLORENCE DIVISION a ANGELA:KIRBY, ) ) Plaintiff, ) ) vs. ) ) NANCY A. BERRYHILL, Acting ) Commissioner ofthe Social Securiy ) Administration, 1 ) ) Deendant. ) ------ --------) - , > 0 < No. 4: 13-cv-3138-DCN ORDER - \ 0 C : > , 0 - I :1, :, ) )\ . < ol -o •• , F .> , This matter is beore the court on a motion or·attorney's ees iled by claimant Angela Kirby ("Kirby") pursuant to the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412(d)(l)(A). Kirby requests $5,788.29 in attoney's ees on the ground that she is a prevailing.party under the EAJA. ECF No. 30 at 2. Nancy A. Berryhill, Acting Commissioner of the Social Security Administration, (the "Commissioner") argues that Kirby is not entitled to such ees and costs because the Commissioner's position in this " litigation was substantially justiied. The court inds that the Commissioner's position was substltially justiied and denies Kirby's motion or attoney's ees. I. BACKGROUND Kirby filed arfapplication or disability insurance beneits ("DIB") and suppleme31tal security income ("SSI") on February 14, 2006, alleging disability beginning on September 1, 2004. The Social Security Administration denied Kirby's claim initially and on r consideration. Kirby requested a hearing beore an administrative law judge On Janu y 23, 2017, Nancy A. Berryhill became the Acting Commissioner of Social Security; thereore, she is substituted as the named deendant pursuant to Federal Rule of Civil Procedure 25(d). 1 1 Dockets.Justia.com
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