Shutt v. Commissioner of Social Security

Filing 24

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
OXFORD DIVISION

GORDON K. SHUTT
V.

PLAINTIFF
NO. 3:16CV00076-JMV

COMMISSIONER OF SOCIAL SECURITY

DEFENDANT

ORDER ON MOTION FOR ATTORNEY FEES
Before the Court is Plaintiff’s motion [22] 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 [21] 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