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)

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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

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