Todd v. Commissioner of Social Security

Filing 23

ORDER granting 21 Motion for Attorney Fees. Signed by Magistrate Judge Jane M. Virden on 12/3/14. (ncb)

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

WENDELL TODD

PLAINTIFF

V.

NO. 3:14CV00070-JMV

COMMISSIONER OF SOCIAL SECURITY

DEFENDANT

ORDER ON PETITION FOR ATTORNEY’S FEES
Before the court is Plaintiff’s Petition for Attorney’s Fees [21] filed 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 Judgment [19] dated October 31 , 2014, this court remanded this case to the
Commissioner for further proceedings. Plaintiff now seeks attorney’s fees in the amount of
$4,655.14 (representing 26.3 hours of attorney time at the rate of $175.00 per hour and including
$52.64 in expenses) under the EAJA on the grounds that he was the prevailing party and the
Commissioner’s position was not “substantially justified.”
The Equal Access to Justice Act provides for the award of court costs and attorney's fees
to the “prevailing party” in a judicial review of agency action, unless the position of the United
States was “substantially justified” or “special circumstances” would make an award unjust. 28
U.S.C. § 2412(d)(1)(A). A party who wins a remand order in a social security disability case is a
“prevailing party” under the EAJA. Rice v. Astrue, 609 F.3d 831, 833–34 (5th Cir. 2010); Baker
v. Bowen, 839 F.2d 1075, 1081 (5th Cir. 1988).

In this case, the Commissioner does not object to the fee request. The court having given
due consideration to the petition for fees and the record is of the opinion that the amount
requested is reasonable and should be awarded.
THEREFORE, IT IS ORDERED:
That Plaintiff’s petition for attorney’s fees is GRANTED, and the Commissioner shall
promptly pay Plaintiff a total of $4,655.14 for the benefit of his counsel.
This 3rd day of December, 2014.

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

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