Mathus v. Heckler

MEMORANDUM OPINION AND ORDER

WILLIAM T. HART, District Judge.

Plaintiff has moved for attorney’s fees pursuant to both the Equal Access to Justice Act, 28 U.S.C. § 2412 (“EAJA”) and § 206(b) of the Social Security Act, 42 U.S.C. § 406(b) (the “Act”). For the reasons stated below, plaintiff’s motion for fees under the EAJA is denied and his motion for fees under 42 U.S.C. § 406(b) is granted.

Facts

Plaintiff Willie Mathus was awarded a period of disability beginning on January 17, 1976. Plaintiff’s benefits were terminated in 1982 when it was determined as a result of a periodic review that his…