Massey v. Commissioner of Social Security

Filing 26

ORDER granting 24 Motion for Attorney Fees. Signed by Magistrate Judge Jane M. Virden on 7/16/18. (ncb)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
OXFORD DIVISION
JAMES M. MASSEY

PLAINTIFF

V.

NO. 3:17CV00135-JMV

COMMISSIONER OF SOCIAL SECURITY

DEFENDANT

ORDER ON PETITION FOR ATTORNEY FEES
Before the Court is Plaintiff’s motion [24] for attorney 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 [22]
dated May 14, 2018, this Court remanded this case to the Commissioner for further proceedings.
Plaintiff now seeks attorney fees in the amount of $5,008.50 plus a mileage expense 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 the amounts of fees and expenses
requested.
For good cause shown, the Court finds Plaintiff is entitled to an award of fees; the requested
amount of fees is reasonable; no special circumstances would make the requested award unjust; and the
award should be made payable to Plaintiff.

THEREFORE, IT IS ORDERED:
That the Acting Commissioner shall promptly pay to Plaintiff a total of $5,008.50 in attorney fees
plus $50.29 for mileage expenses (payable from SSA appropriations) for the benefit of counsel for
Plaintiff.
This 16th day of July, 2018.

/s/ Jane M. Virden
U. S. Magistrate Judge