Smith v. Commissioner of Social Security
ORDER granting 20 Motion for Attorney Fees. Signed by Magistrate Judge Jane M. Virden on 4/10/18. (ncb)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
DEBBIE ANN SMITH
COMMISSIONER OF SOCIAL SECURITY
ORDER ON PETITION FOR ATTORNEY’S FEES
Before the court is Plaintiff’s motion  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  dated January 19, 2018, this court
remanded this case to the Commissioner for further proceedings. Plaintiff now seeks attorney’s fees in
the amount of $5,725.80 for 30 hours of attorney time before this court at a rate of $190.86 per hour on
the grounds that she was the prevailing party and the Commissioner’s position was not “substantially
In her response, Defendant states she does not object to the fee request but, nevertheless,
asserts the award should be made payable to Plaintiff and sent to Plaintiff’s counsel.
The court, having thoroughly considered the fee request, the record, and the applicable law, finds
that the fee request is reasonable and that no special circumstance would make the award unjust.
THEREFORE, IT IS ORDERED:
That the Commissioner shall promptly pay to Plaintiff a total of $5,725.80 in attorney’s fees for
the benefit of counsel for Plaintiff.
This 10th day of April, 2018.
/s/ Jane M. Virden
U. S. MAGISTRATE JUDGE
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