Floyd v. Saul

Filing 28

ORDER granting Attorneys Fees. Signed by Magistrate Judge David A. Sanders on 9/8/21. (def)

Case: 1:20-cv-00107-DMB-DAS Doc #: 28 Filed: 09/08/21 1 of 2 PageID #: 779

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

PLAINTIFF

V.

CIVIL ACITN NO 1:20-CV-107-DMBDAS

KILOLO KIJAKAZI, ACTING COMMISSIONER
OF THE SOCIAL SECURITY ADMINISTRATION

DEFENDANT

ORDER AWARDING ATTORNEY FEES
Before the court is the claimant’s motion for payment of attorney fees pursuant to the Equal
Access to Justice Act (EAJA) 28 U.S.C. § 2412. In these proceedings, the claimant sought judicial
review of the final decision of the Commissioner of Social Security, denying a claim for benefits.
The court remanded this case to the Commissioner for further proceedings. The claimant now
seeks attorney fees under the EAJ as the prevailing party, asserting the Commissioner’s position
was not substantially justified. By the motion and attached exhibits, the claimant requests a total
award of $ 7,748.34 in attorney’s fees, representing 30 hours of work at $ 203.93 per hour for work
done in 2020 and 7.75 hours of work done in 2021 at $210.38 per hour. The plaintiff also seeks
reimbursement of the filing fee of $400.00. The Commissioner does not object to the fees claimed
but points out the court costs are payable from the U.S. Treasury Department’s Judgment Fund
and that the monies are payable to the plaintiff.
IT IS ORDERED that the claimant’s motion for payment of attorney fees under the EAJA
is granted. The defendant is directed to pay $ 7,748.34 for attorney fees. The check shall be made

Case: 1:20-cv-00107-DMB-DAS Doc #: 28 Filed: 09/08/21 2 of 2 PageID #: 780

payable to the claimant and mailed to the attorney’s address. The claimant is also awarded
reimbursement of her court costs of $4f00.00 to be paid from the Judgment Fund
SO ORDERED this the 8th day of September, 2021.
/s/ David A. Sanders
U.S. MAGISTRATE JUDGE