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KRAMER v. APFEL

No. Civ. 1-98-CV-10004.

57 F.Supp.2d 774 (1999)

Eula F. KRAMER, Plaintiff, v. Kenneth S. APFEL, Commissioner of Social Security, Defendant.

United States District Court, S.D. Iowa, Western Division.

March 3, 1999.

Attorney(s) appearing for the Case

Timothy N. Tripp, Grefe & Sidney, Pella, IA, for plaintiff.

Christopher D. Hagen, Assistant U.S. Attorney, Des Moines, IA, for defendant.

ORDER

LONGSTAFF, Chief Judge.

The Court has before it plaintiff's motion for attorney fees pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412. Plaintiff requests an award of $5,665.15, based on 41.1 attorney hours at an hourly rate of $131.92, and $243.24 for costs. Defendant resists the motion.

A plaintiff is entitled to EAJA fees if the Commissioner's position was not "substantially justified" Brouwers v. Bowen,

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