Rogers v. Commissioner of Social Security et al

Filing 19

ORDER granting 17 Motion for Attorney Fees. Signed by Magistrate Judge Jane M. Virden on 11/30/17. (ncb)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
ABERDEEN DIVISION
VIVIAN ROGERS

PLAINTIFF

V.

NO. 1:16CV00224-JMV

COMMISSIONER OF SOCIAL SECURITY

DEFENDANT

ORDER ON PETITION FOR ATTORNEY’S FEES
Before the court are Plaintiff’s motion [17] for attorney’s fees pursuant to the Equal
Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d), and Defendant’s response [18].
In these proceedings Plaintiff sought judicial review of the Social Security
Commissioner’s final decision denying a claim for benefits. By Judgment [16] dated September
19, 2017, this court remanded this case to the Commissioner for further proceedings. Plaintiff
now seeks attorney’s fees in the amount of $5,040.00 for 28.8 hours of attorney time before this
court at a rate of $175.00 per hour on the grounds that she was the prevailing party and the
Commissioner’s position was not “substantially justified.” The Acting Commissioner responds
that there is no objection to the request for fees. Therefore, the Court finds the requested amount
is reasonable, and no special circumstances would make this award unjust.
THEREFORE, IT IS ORDERED:
That the Acting Commissioner shall promptly pay to Plaintiff a total of $5,040.00 in
attorney’s fees and expenses for the benefit of counsel for Plaintiff.
This, 30th day of November, 2017.

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