Weatherspoon v. Colvin

Filing 18

ORDER granting 16 Motion for Attorney Fees. Signed by Magistrate Judge Jane M. Virden on 8/22/16. (ncb)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
ABERDEEN DIVISION
MILDRED LOUISE WEATHERSPOON
V.

PLAINTIFF
NO. 1:15CV00201-JMV

CAROLYN W. COLVIN,
Acting Commissioner of
Social Security Administration

DEFENDANT

ORDER AWARDING ATTORNEY’S FEES
Before the court is Plaintiff’s motion [16] for payment of attorney’s fees pursuant to the
Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412. In these proceedings, Plaintiff sought
judicial review of the final decision of the Commissioner of Social Security, denying a claim for
benefits. By Judgment [15] dated June 10, 2016, the court remanded this case to the Commissioner for further proceedings. Plaintiff now seeks attorney’s fees under the EAJA on the
grounds that she was the prevailing party and the Commissioner’s position was not “substantially justified.” By the motion and attached exhibits, Plaintiff requests an award of $4,330.90 in
attorney’s fees. The Commissioner does not oppose Plaintiff’s request for attorney’s fees but
requests that the EAJA award be made payable directly to Plaintiff, not her counsel.
The court has considered Plaintiff’s motion and supporting documentation and the record
of this case and finds that the fee request is reasonable. Accordingly, the court will direct that
the requested amount be paid to Plaintiff.1
THEREFORE, IT IS ORDERED that Plaintiff’s motion for payment of attorney’s fees
under the EAJA is hereby GRANTED, and the Commissioner shall promptly pay Plaintiff
$4,330.90 for the benefit of her attorney.
THIS, the 22nd day of August, 2016.

/s/ Jane M. Virden
U. S. MAGISTRATE JUDGE
1

In Astrue v. Ratliff, 130 S.Ct. 2521, 2528-29 (2010), the Supreme Court held that EAJA fees are payable
to litigants. Ratliff, 130 S.Ct. at 2528.