Horton v. Astrue

Filing 27

ORDER granting 18 Motion for Attorney Fees; finding as moot 19 Motion to Dismiss. Signed by Magistrate Judge Jane M. Virden on 12/4/15. (ncb)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
ABERDEEN DIVISION
LINDA F. HORTON
VS.

PLAINTIFF
CAUSE NO. 1:12CV00175-JMV

MICHAEL J. ASTRUE
COMMISSIONER OF SOCIAL SECURITY

DEFENDANT

ORDER APPROVING AWARD OF ATTORNEY’S FEE
Before the Court are Plaintiff’s counsel’s Petition to Obtain Approval of an Attorney’s
Fee [18] and Defendant’s Motion to Dismiss [19]. The Court has fully considered the
submissions of the parties, the applicable law, and the record and finds that Plaintiff’s counsel’s
motion for approval of an award of fees should be granted. While Defendant initially objected to
counsel’s request for fees by way of a motion to dismiss, she has withdrawn the motion and
submits she does not oppose counsel’s request for $3,324.75, representing 19 hours of work by
Plaintiff’s counsel before this Court at a rate of $174.99 per hour. Accordingly, the Court finds
the amount requested by Plaintiff’s counsel is reasonable and should be paid to counsel from
Plaintiff’s past-due benefits pursuant to 42 U.S.C. § 406(b). Therefore,
IT IS ORDERED that counsel’s motion for approval of a fee [18] is GRANTED, and
$3,324.75 is hereby approved for payment to Plaintiff’s counsel from Plaintiff’s past-due
benefits for the work performed by counsel before this Court.
IT IS FURTHER ORDERED that Defendant’s motion to dismiss [19] is DENIED as
moot.
THIS 4th day of December, 2015.

/s/ Jane M. Virden
U. S. MAGISTRATE JUDGE