Judkins v. Astrue

Filing 26

ORDER granting plf's 23 MOTION for Attorney Fees; awarding plf EAJA fees in the total amount of $3,937.46, payable to plf's counsel: Clark, James, Hanlin, & Hunt, LLC. Signed by Honorable Susan Russ Walker on 5/13/10. (djy, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION STARLEIGH Y. JUDKINS, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) ORDER Plaintiff brought the present action pursuant to 42 U.S.C. § 405(g) seeking judicial review of a decision by the Commissioner of Social Security denying her benefits under the Social Security Act. On February 18, 2010, on the Commissioner's motion, this court reversed the decision and remanded the case for further proceedings pursuant to sentence four of § 405(g). Plaintiff has filed an application for an award of attorneys fees under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412(d)(1)(A). Plaintiff's application, as amended, seeks fees in the total amount of $3,937.46. The Commissioner does not contest the petition and requests that this court award fees in the amount sought by plaintiff's counsel. Upon an independent review of the record, the court concludes that the position of the Commissioner in this litigation was not substantially justified, and further that the amount of fees sought by plaintiff's counsel is reasonable. For the foregoing reasons, it is ORDERED that the plaintiff's motion for attorney fees (Doc. # 23) is GRANTED, and

CIVIL ACTION NO. 2:06CV625-SRW ( W O)

plaintiff is awarded EAJA fees in the total amount of $3,937.46, payable to plaintiff's counsel: Clark, James, Hanlin, & Hunt, LLC."1 Done, this 13th day of May, 2010. /s/ Susan Russ Walker SUSAN RUSS WALKER CHIEF UNITED STATES MAGISTRATE JUDGE

1

See Plaintiff's assignment of EAJA fees, attached to Doc. # 23. 2