Durham v. Berryhill

Filing 21

ORDER granting 19 Motion for Attorney Fees. Signed by Magistrate Judge Jane M. Virden on 2/28/18. (ncb)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
ABERDEEN DIVISION
MARION JUNE DURHAM
V.

PLAINTIFF
NO. 1:17CV00018-JMV

NANCY BERRYHILL,
ACTING COMMISSIONER
OF SOCIAL SECURITY

DEFENDANT

ORDER ON PETITION FOR ATTORNEY FEES
Before the court are Plaintiff’s motion [19] for attorney fees pursuant to the Equal Access
to Justice Act (“EAJA”), 28 U.S.C. § 2412(d), and Defendant’s response [20]. For the reasons
set out below, the motion will be granted.
In these proceedings Plaintiff sought judicial review of the Social Security
Commissioner’s final decision denying a claim for benefits. By Final Judgment [17] dated
December 5, 2017, this court remanded this case to the Commissioner for further proceedings.
Plaintiff now seeks attorney fees in the amount of $6,058.47 for 31.25 hours of attorney time
before this court and reimbursement for the $400.00 filing fee on the grounds that she was the
prevailing party and the Commissioner’s position was not “substantially justified.” The Acting
Commissioner indicates she has no objection to Plaintiff’s motion but, nevertheless, points out
that any award should be made payable to Plaintiff, and the filing fee should be delineated as
costs.
The court, having thoroughly considered the motion, the response, and the applicable
law, finds the requested award is reasonable, and no special circumstance would make the award
unjust. The court further finds the filing fee should be reimbursed as costs, and the total award
should be made payable directly to Plaintiff.

THEREFORE, IT IS ORDERED:
That the Acting Commissioner shall promptly pay to Plaintiff a total of $6,458.47 in
attorney fees and costs for the benefit of counsel for Plaintiff.
This 28th day of February, 2018.

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

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