Redmon v. Commissioner of Social Security

Filing 27

ORDER granting 25 Motion for Attorney Fees. Signed by Magistrate Judge Jane M. Virden on 9/20/17. (ncb)

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

TRINI REDMON

PLAINTIFF

V.

NO. 3:16CV00257-JMV

COMMISSIONER OF SOCIAL SECURITY

DEFENDANT

ORDER ON PETITION FOR ATTORNEY FEES
Before the Court is Plaintiff’s motion [25] 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 [23] dated July 17, 2017, this Court remanded this case to
the Commissioner for further proceedings. Plaintiff now seeks attorney fees in the amount of
$5,764.50 and travel expenses in the amount of $50.29 on the grounds that he was the prevailing
party and the Commissioner’s position was not “substantially justified.” The Commissioner does
not object to either the request for fees or expenses and does not otherwise object to the total
award. Therefore, the Court finds the requested amount is reasonable, and no special
circumstance would make the requested award unjust.
THEREFORE, IT IS ORDERED:
That the Commissioner shall promptly pay to Plaintiff a total of $5,814.79 in attorney
fees and expenses for the benefit of counsel for Plaintiff.
This 20th day of September, 2017.

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