December 5, 2013
LARRY G. LITTLEPAGE, Plaintiff,
COMMISSIONER of SOCIAL SECURITY, Defendant.
MEMORANDUM AND ORDER
DAVID R. HERNDON, Chief District Judge.
Before the Court is plaintiff's application for attorney fees under the Equal Access to Justice Act (EAJA) (Doc. 29). Plaintiff alleges that the position of defendant has not been substantially justified in that defendant improperly denied relief in the final administrative appeal, necessitating the filing of this action and preparation of the brief in support of plaintiff's position, when there could have been no reasonable expectation that defendant could ultimately prevail.
Plaintiff seeks compensation for 25.1 hours of work at $170.00 per hour for a total of $4, 267.00. Defendant has not responded to plaintiff's motion. Pursuant to Local Rule 7.1(c), the Court deems defendant's failure to respond as an admission of the merits of plaintiff's motion. See SDIL-LR 7.1(c). The Court finds the amount plaintiff seeks is reasonable. Accordingly, plaintiff's motion is GRANTED (Doc. 29). Thus, the Court awards fees to plaintiff in the amount of $4, 267.00.
IT IS SO ORDERED.