Moore v. Commissioner of Social Security

Filing 21

ORDER granting 19 Motion for Attorney Fees. Signed by Magistrate Judge Jane M. Virden on 2/6/24. (jla)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
OXFORD DIVISION

OKESHA LASHONDA MOORE
v.

PLAINTIFF
CIVIL ACTION NO. 3:23-cv-229-JMV

COMMISSIONER OF SOCIAL SECURITY

DEFENDANT

ORDER ON PETITION FOR ATTORNEY FEES
Before the Court are Plaintiff’s motion [19] for attorney fees pursuant to the Equal
Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d), and Defendant’s stipulated response [20].
For the reasons that follow, 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. On December 1, 2023, the
Commissioner filed a consent motion to remand [14] the case to the Social Security
Administration. On December 4, 2023, this Court’s Order [17] granted said motion and reversed
the Commissioner’s decision and remanded to the Social Security Administration for further
proceedings. A party who obtains a remand in a social security appeal pursuant to the fourth
sentence of 42 U.S.C. § 405(g) qualifies as a prevailing party for purposes of fees under the
EAJA. Breaux v. U.S.D.H.H.S, 20 F.3d 1324, 1324 (5th Cir. 1994) (per curiam).
Plaintiff, through her motion, seeks attorney fees in the amount of $8,573.52. In support
of the motion, Plaintiff’s counsel submitted a statement regarding the time expended litigating
this action. According to the motion, Plaintiff’s attorney spent a total of 35.4 hours on this case at
a rate of $242.19 per hour.

The Court, having thoroughly considered the motion, noting that the defendant does not
oppose the motion, and the applicable law, finds the requested award is reasonable; and no
special circumstance would make the award unjust.
Therefore, it is ordered that the Commissioner shall promptly pay Plaintiff $8,573.52 in
attorney fees for the benefit of her counsel. As a matter of practice, an EAJA fee made payable
to Plaintiff may properly be mailed to Plaintiff’s attorney.
SO ORDERED, this the 6th day of February, 2024.
/s/ Jane M. Virden
UNITED STATES MAGISTRATE JUDGE