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Clayton v. Astrue

November 1, 2011

CLAYTON
v.
ASTRUE



Name of Assigned Judge Sitting Judge if Other or Magistrate Judge Amy J. St. Eve than Assigned Judge

CASE TITLE

DOCKET ENTRY TEXT

The Court denies Plaintiff's motion for attorney's fees under the EAJA [42].

O[ For further details see text below.] Notices mailed by Judicial staff.

STATEMENT

On July 16, 2010, Plaintiff Patricia E. Clayton ("Clayton") brought this action pursuant to 42 U.S.C. § 405(g) seeking judicial review of the final agency decision of the Commissioner of the Social Security Administration denying her application for Title II Disability Insurance Benefits ("DIB") pursuant to the Social Security Act, 42 U.S.C. §§ 416(i), 423(d). On July 7, 2011, the Court entered judgment in favor of Clayton and against Defendant Michael J. Astrue, Commissioner of Social Security Administration ("Commissioner"). The Court presumes familiarity with its July 7, 2011, Memorandum, Opinion, and Order remanding this case for further proceedings. Before the Court is Plaintiff Patricia Clayton's petition for attorney's fees in the amount of $6,125.75 under the Equal Access to Justice Act ("EAJA"). See 28 U.S.C. § 2412(d)(1)(A). Because the government's position was substantially justified, the Court denies Clayton's application for attorney's fees.

Continued...

Courtroom Deputy KF

Initials:

BACKGROUND

On April 6, 2005, Clayton applied for DIB alleging that she became disabled on October 1, 2000 after the March 31, 1999 expiration of her DIB insured status. Clayton also filed another DIB application on October 25, 2006 alleging that she became disabled on September 20, 1996 before her insured status expired. On December 21, 2006, Clayton's application was initially denied and on February 27, 2007 Clayton's application was denied upon reconsideration. On April 2, 2007, Clayton filed a timely request for a hearing and on March 26, 2009, Clayton appeared and testified before an Administrative Law Judge ("ALJ") in Oakbrook, Illinois.

On June 25, 2009, the ALJ rendered his decision finding that Clayton was not disabled at any time on or before March 31, 1999. The ALJ's relevant Findings of Fact and Conclusions of Law, include:

1. The claimant last met the insured status requirements of the Social Security Act on March 31, 1999.

2. The claimant did not engage in substantial gainful activity during the period from her alleged onset date of September 29, 1996, through ...


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