Price v. Berryhill

Filing 25

ORDER granting 23 Motion for Attorney Fees. Signed by Magistrate Judge Jane M. Virden on 9/25/18. (ncb)

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

TIMOTHY LORD PRICE

PLAINTIFF
NO. 1:18CV00006-JMV

NANCY A. BERRYHILL,
COMMISSIONER OF SOCIAL SECURITY

DEFENDANT

ORDER ON PETITION FOR ATTORNEY FEES
Before the court are Plaintiff’s motion [21] for attorney fees pursuant to the Equal Access
to Justice Act (“EAJA”), 28 U.S.C. § 2412(d), and Defendant’s response [22]. 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 [22] dated July
16, 2018, this court reversed and remanded this case to the Commissioner for further
proceedings. Plaintiff now seeks attorney fees in the amount of $3,689.68 for attorney work
before this court on the ground that Plaintiff was the prevailing party.

Defendant indicates she

has no objection to the requested award because the same is reasonable. Nevertheless,
Defendant points out that any award should be made payable to Plaintiff, instead of counsel, in
accordance with the Supreme Court’s decision in Astrue v. Ratliff, 560 U.S. 586, 130 S. Ct. 2521
(2010).
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.
THEREFORE, IT IS ORDERED:

That the Acting Commissioner shall promptly pay to Plaintiff a total of $3,689.68 in
attorney fees for the benefit of counsel for Plaintiff.
This 25th day of September, 2018.

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

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