Haynes v. Commissioner of Social Security

Filing 25

ORDER granting 23 Motion for Attorney Fees. Signed by Magistrate Judge Jane M. Virden on 12/28/17. (ncb)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
OXFORD DIVISION
VERNON HAYNES
V.

PLAINTIFF
NO. 3:16CV00282-JMV

COMMISSIONER OF SOCIAL SECURITY

DEFENDANT

ORDER ON PETITION FOR ATTORNEY’S FEES
Before the court are Plaintiff’s motion [23] for attorney’s fees pursuant to the Equal
Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d), and Defendant’s response [24]. For the
reasons set out below, the motion will be granted.
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
October 23, 2017, this court remanded this case to the Commissioner for further proceedings.
Plaintiff now seeks attorney’s fees in the amount of $6,237.00 for 33 hours of attorney time
before this court at a rate of $189.00 per hour and reimbursement for mileage 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 Acting Commissioner indicates she has no objection to
Plaintiff’s motion but, nevertheless, points out the mileage expense should be paid separately
from SSA appropriations.
The court, having thoroughly considered the fee request, finds that the same is
reasonable, and no special circumstance would make the award unjust.
THEREFORE, IT IS ORDERED:

That the Acting Commissioner shall promptly pay to Plaintiff a total of $6,237.00 in
attorney’s fees and $50.29 (from SSA appropriations) as reimbursement for a mileage expense
for the benefit of counsel for Plaintiff.
This 28th day of December, 2017.

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

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