Summary
holding that a remand for further proceedings on plaintiff's disability appeal required the inclusion in her EAJA fee award of hours spent on failed but related arguments
Summary of this case from Scott B. v. Comm'r of Soc. Sec.Opinion
No. 1:10-cv-194
08-15-2012
SHIRLEY LORRAINE WILLIAMS, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner, Social Security Administration, Defendant.
ORDER
PANNER, District Judge:
Magistrate Judge Mark D. Clarke filed a Report and Recommendation, and the matter is now before this court. See 28 U.S.C. § 636(b)(1)(B), Fed. R. Civ. P. 72(b). Although no objections have been filed, I review legal principles de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007).
I agree with Magistrate Judge Clarke that plaintiff's application for attorney's fees under the Equal Access to Justice Act, 28 U.S.C. § 2412, should be granted.
CONCLUSION
Magistrate Judge Clarke's Report and Recommendation (#30) is adopted. Plaintiff's application for $8,661.67 in attorney's fees (#25) is granted.
IT IS SO ORDERED.
_________________
OWEN M. PANNER
U.S. DISTRICT JUDGE