Shutt v. Commissioner of Social Security
ORDER granting 22 Motion for Attorney Fees. Signed by Magistrate Judge Jane M. Virden on 5/18/17. (ncb)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
GORDON K. SHUTT
COMMISSIONER OF SOCIAL SECURITY
ORDER ON MOTION FOR ATTORNEY FEES
Before the Court is Plaintiff’s motion  for attorney fees pursuant to the Equal Access
to Justice Act (“EAJA”), 28 U.S.C. § 2412(d), and travel expenses. In these proceedings
Plaintiff sought judicial review of the Social Security Commissioner’s final decision denying a
claim for benefits. By Final Judgment  dated April 13, 2017, this Court remanded this case
to the Commissioner for further proceedings. Plaintiff now seeks attorney fees and expenses in
the amount of $6,306.19 on the grounds that he was the prevailing party and the Commissioner’s
position was not “substantially justified.” The Commissioner concedes the requested fee and
expenses constitute a reasonable award. Therefore, the Court finds the requested amount is
reasonable, and no special circumstances would make the requested award unjust.
THEREFORE, IT IS ORDERED:
That the Commissioner shall promptly pay to Plaintiff a total of $6,306.19 in attorney
fees and expenses for the benefit of counsel for Plaintiff.
This, 18th day of May, 2017.
/s/ Jane M. Virden
U. S. MAGISTRATE JUDGE
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?