Jones v. Commissioner of Social Security
Filing
21
ORDER granting 19 Motion for Attorney Fees. Signed by Magistrate Judge Jane M. Virden on 1/31/18. (ncb)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
ABERDEEN DIVISION
PHYLINDER JONES
V.
PLAINTIFF
NO. 1:16CV00231-JMV
COMMISSIONER OF SOCIAL SECURITY
DEFENDANT
ORDER ON PETITION FOR ATTORNEY FEES
Before the Court is Plaintiff’s motion [19] for attorney fees pursuant to the Equal Access
to Justice Act (“EAJA”), 28 U.S.C. § 2412(d). In these proceedings Plaintiff sought judicial
review of the Social Security Commissioner’s final decision denying a claim for benefits. By
Final Judgment [18] dated November 27, 2017, this Court remanded this case to the
Commissioner for further proceedings. Plaintiff now seeks attorney fees in the amount of
$5,518.80 plus a mileage expense of $50.29 on the grounds that he was the prevailing party and
the Commissioner’s position was not “substantially justified.” The Acting Commissioner
indicates she has no objection to the motion but, nevertheless, states that any award should be
made payable directly to Plaintiff in accordance with the Supreme Court’s decision in Astrue v.
Ratliff, 560 U.S. 586 (2010).
For good cause shown, the Court finds Plaintiff is entitled to an award of fees; the
requested amount of fees is reasonable; no special circumstances would make the requested
award unjust; and the award should be made payable to Plaintiff.
THEREFORE, IT IS ORDERED:
That the Acting Commissioner shall promptly pay to Plaintiff a total of $5,518.80 in
attorney fees plus $50.29 for mileage expenses (payable from SSA appropriations) for the
benefit of counsel for Plaintiff.
This 31st day of January, 2018.
/s/ Jane M. Virden
U. S. MAGISTRATE JUDGE
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