Mays v. Commissioner of Social Security

Filing 25

ORDER granting in part and denying in part 23 Motion for Attorney Fees. Signed by Magistrate Judge Jane M. Virden on 11/18/15. (ncb)

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

KHAN LASHONE MAYS
V.

PLAINTIFF
NO. 3:14CV00259-JMV

COMMISSIONER OF SOCIAL SECURITY

DEFENDANT

ORDER ON PETITION FOR ATTORNEY’S FEES
Before the Court is Plaintiff’s petition [23] for attorney’s fees 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 [21] dated October
15, 2015, this Court remanded this case to the Commissioner for further proceedings. Plaintiff
now seeks an award of attorney’s fees in the amount of $5,687.50, representing 32.5 hours of
attorney work at a rate of $175.00 per hour. Plaintiff also requests reimbursement for a mileage
expense of $57.50, which represents 100 miles at a rate of $0.575 per mile. Plaintiff further
requests $31.28 in costs, which represents copying charges for 391 pages at $0.08 per page.
While the Commissioner does not oppose any of the amounts requested by Plaintiff, the
Court finds, consistent with its ruling in Massey v. Commissioner, Cause No. 3:14cv276-JMV,
that an award of copying costs is prohibited in an in forma pauperis case, such as this, pursuant
to 28 U.S.C. § 1915(f)(1).1 Nevertheless, the Court finds that the amount of attorney’s fees

1

In the Massey case, the undersigned relied in part on a Texas district court case cited by the
Commissioner, Sandoval v. Apfel, 86 F. Supp. 2d 601, 611-614 (N.D. Tex. 2000) (finding photocopying costs are
not recoverable against the United States in in forma pauperis cases pursuant to 28 U.S.C. 1915(f)(1)). The Court
notes that counsel for the parties in Massey are the same counsel representing the parties in this case.

requested, $5,687.50, along with the mileage expense of $57.50, is reasonable and should be
awarded to Plaintiff for the benefit of her counsel.
THEREFORE, IT IS ORDERED:
That the Commissioner shall promptly pay Plaintiff a total of $5,687.50 in attorney’s fees
and $57.50 in expenses for the benefit of her counsel.
This 18th day of November, 2015.

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

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