Waldrop v. Commissioner of Social Security
Filing
23
ORDER granting 21 Motion for Attorney Fees. Signed by Magistrate Judge Jane M. Virden on 6/13/19. (ncb)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
OXFORD DIVISION
DENA MARIE WALDROP
V.
PLAINTIFF
NO. 3:18CV00108-JMV
COMMISSIONER OF SOCIAL SECURITY
DEFENDANT
ORDER ON PETITION FOR ATTORNEY FEES
Before the court are Plaintiff’s motion [21] for attorney fees pursuant to the Equal Access
to Justice Act (“EAJA”), 28 U.S.C. § 2412(d), and Defendant’s response [22]. 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 [20] dated
April 9, 2019, this court remanded this case to the Commissioner for further proceedings.
Plaintiff now seeks attorney fees in the amount of $5,575.50 for 29.5 hours of attorney time
before this court as well as $50.29 for travel expenses on the grounds that Plaintiff was the
prevailing party and the Commissioner’s position was not “substantially justified.” Defendant
indicates she has no objection to Plaintiff’s motion but, nevertheless, points out that any award
should be made payable to Plaintiff and that the travel expenses be delineated separately.
The court, having thoroughly considered the motion, the response, and the applicable
law, finds the requested award is reasonable, and no special circumstance would make the award
unjust.
The court further finds the travel expenses should be reimbursed as expenses and the
total award should be made payable directly to Plaintiff.
THEREFORE, IT IS ORDERED:
That the Acting Commissioner shall promptly pay to Plaintiff a total of $5,575.50 in
attorney fees and $50.29 in expenses for the benefit of counsel for Plaintiff.
This 13th day of June, 2019.
/s/ Jane M. Virden
U. S. MAGISTRATE JUDGE
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