Byrd v. Astrue (CONSENT)

Filing 23

ORDERED that 20 Petition for Attorney fees is GRANTED, and plaintiff is awarded EAJA fees in the total amount of $1,625.00. Signed by Honorable Susan Russ Walker on 10/8/2009. (cb, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION KEVIN C. BYRD, 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 him benefits under the Social Security Act. On June 23, 2009, this court reversed the decision of the Commissioner and remanded the case to the Commissioner for further proceedings pursuant to sentence four of 405(g). Plaintiff's counsel 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 and expenses in the total amount of $1,625.00. The Commissioner does not contest the petition and requests that this court award fees and expenses 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 and expenses sought by plaintiff's counsel is reasonable. For the foregoing reasons, it is ORDERED that the plaintiff's petition for attorney fees is GRANTED, and plaintiff CIVIL ACTION NO. 2:08cv67-SRW ( W O) is awarded EAJA fees in the total amount of $1,625.00. Done, this 8th day of October, 2009. /s/ Susan Russ Walker SUSAN RUSS WALKER CHIEF UNITED STATES MAGISTRATE JUDGE

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