Davis v. Commissioner of Social Security
Filing
22
ORDER granting 21 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
MARVIN LOUIS DAVIS
PLAINTIFF
V.
NO. 3:16CV00291-JMV
COMMISSIONER OF SOCIAL SECURITY
DEFENDANT
ORDER ON PETITION FOR ATTORNEY’S FEES
Before the court is Plaintiff’s motion [21] for attorney’s fees pursuant to the Equal Access to
Justice Act (“EAJA”), 28 U.S.C. § 2412(d).
In these proceedings Plaintiff sought judicial review of the Social Security Commissioner’s
final decision denying a claim for benefits. By Final Judgment [18] dated October 26, 2017, this court
remanded this case to the Commissioner for further proceedings. Plaintiff now seeks attorney’s fees in
the amount of $5,575.50 for 29.5 hours of attorney time before this court at a rate of $189.00 per hour
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 Acting Commissioner did not respond
to the motion.
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 $5,575.50 in attorney’s
fees and $50.29 in travel expenses 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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