Binion v. Astrue

Filing 28

ORDER that plaintiff's 25 Application for Attorney Fees is GRANTED, and plaintiff is awarded EAJA fees in the total amount of $2,375.00. Signed by Honorable Susan Russ Walker on 1/14/2009. (dmn)

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION TRACY L. BINION, Plaintiff, v. MICHAEL 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 October 3, 2008, this court reversed the Commisisoner's 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 seeks fees in the total amount of $2,375.00. 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 application for attorney fees (Doc. # 25) is GRANTED, CIVIL ACTION NO. 2:07cv716-SRW ( W O) and plaintiff is awarded EAJA fees in the total amount of $2,375.00. DONE, this 14th day of January, 2009. /s/ Susan Russ Walker SUSAN RUSS WALKER CHIEF UNITED STATES MAGISTRATE JUDGE

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