Blue v. Commissioner of Social Security

Filing 19

ORDER granting 17 Motion for Attorney Fees. Signed by Magistrate Judge S. Allan Alexander on 05/06/16. (sd)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
ABERDEEN DIVISION
JANICE LAURIE BLUE

PLAINTIFF

v.

CIVIL ACTION NO.: 1:15-CV-129-SAA

COMMISSIONER OF SOCIAL SECURITY

DEFENDANT

ORDER GRANTING PAYMENT OF ATTORNEY’S FEES

Plaintiff seeks an award for attorney’s fees under the Equal Access to Justice Act
(“EAJA”), 28 U.S.C. § 2412(d). Docket 17. Plaintiff obtained judicial review of the Social
Security Commissioner’s final decision denying a claim for benefits, and by judgment dated
April 12, 2016, this court remanded the case to the Commissioner for the sole purpose of
determining the amount of benefits to be awarded to plaintiff. Docket 16. Contending she was
the prevailing party, and the Commissioner’s position was not “substantially justified,” plaintiff
now seeks fees totaling $4,672.50, which represents 26.7 hours of work at a rate of $175.00 per
hour. Docket 17, p. 2. The Commissioner does not object to the requested award of reasonable
attorney fees in this case under the EAJA, but does request that any award under EAJA should
be paid directly to the plaintiff under Astrue v. Ratliff, 130 S. Ct. 2521 (2010). Docket 18.
Having considered the submissions of the parties, the record and the applicable
law, the court finds the award of attorney’s fees should be GRANTED. Plaintiff is entitled to
the reasonable attorney’s fees submitted. It is
ORDERED

1

that plaintiff is awarded $4,672.50 in attorney fees to be paid directly to plaintiff. Defendant will
mail the award to plaintiff’s attorney in plaintiff’s name.
This the 6th day of May, 2016.

/s/ S. Allan Alexander
UNITED STATES MAGISTRATE JUDGE

2