Matthews v. Social Security Administration

Filing 16

ORDER granting 14 motion for attorney's fees; awarding Plaintiff's attorney fee in the amount of $6,468.00; and directing the Commissioner to pay to Plaintiff the amount awarded pursuant to the EAJA. Signed by Judge James M. Moody Jr. on 07/08/2024. (llg)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS CENTRAL DIVISION ANGELICA LYNN MATTHEWS V. PLAINTIFF 4:24CV00085 JM SOCIAL SECURITY ADMINISTRATION, COMMISSIONER, DEFENDANT ORDER Plaintiff has filed a motion for attorney's fees pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. ' 2412 (ECF No. 14) in the amount off $6,468.00. The Defendant does not object. Under the EAJA, a prevailing social security claimant is entitled to an award of reasonable attorney=s fees and expenses unless the Commissioner=s position in denying benefits was Asubstantially justified@ or special circumstances make an award unjust. 28 U.S.C. ' 2412(d)(1)(A). A claimant who wins a sentence-four remand order, such as the one entered in this case (ECF No. 11), is a prevailing party entitled to EAJA fees. Shalala v. Schaefer, 509 U.S. 292, 302 (1993). The Court finds that the Plaintiff is the prevailing party, and the agreed amount of attorney’s fees are reasonable. Accordingly, it is hereby ORDERED, (1) the motion for attorney's fees (ECF No. 14) is GRANTED; (2) Plaintiff's attorney is entitled to an attorney's fee in the amount of $6,468.00 pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. ' 2412; and (3) that the Commissioner is directed to pay to Plaintiff the amount awarded pursuant to the EAJA. IT IS SO ORDERED this 8th day of July, 2024. ______________________________ James M. Moody Jr. United States District Judge

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