Kimble v. Colvin
Filing
25
ORDER granting 22 Motion for Attorney Fees. Signed by Magistrate Judge Jane M. Virden on 6/4/15. (ncb)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
OXFORD DIVISION
JIMMY EARL KIMBLE
PLAINTIFF
V.
NO. 3:14CV00230-JMV
CAROLYN COLVIN,
Acting Commissioner of Social Security
DEFENDANT
ORDER AWARDING ATTORNEY’S FEES
Before the court is the claimant’s petition [22] for payment of attorney’s 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. By Judgment [20] dated May 11, 2015, the court remanded this case to the
Commissioner for further proceedings. The claimant now seeks attorney’s fees under the EAJA
on the grounds that he was the prevailing party and the Commissioner’s position was not
“substantially justified.” By the motion and attached exhibits, the claimant requests an award of
$6,679.77 in attorney’s fees. The Commissioner does not oppose the claimant’s request for
attorney’s fees and submits that the requested amount is reasonable.
The court has considered the claimant’s motion and supporting documentation and the
record of this case and finds that the request for fees is reasonable. Therefore, the court finds it
is appropriate to direct that payment be made to the claimant.1
THEREFORE, IT IS ORDERED that the claimant’s motion for payment of attorney’s
fees under the EAJA is hereby GRANTED, and the Commissioner shall promptly pay the
claimant $6,679.77 for the benefit of his attorney.
THIS, the 4th day of June, 2015.
/s/ Jane M. Virden
U. S. MAGISTRATE JUDGE
1
litigants.
In Astrue v. Ratliff, 130 S.Ct. 2521, 2528-29 (2010), the Supreme Court held that EAJA fees are payable to
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?