Davis v. Astrue
Filing
25
ORDER granting 23 Motion for Attorney Fees. Signed by Jane M Virden on 5/7/13. (ncb)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
GREENVILLE DIVISION
BRAD ONEAL DAVIS
PLAINTIFF
V.
NO. 4:12CV00076-JMV
MICHAEL J. ASTRUE,
COMMISSIONER OF SOCIAL SECURITY
DEFENDANT
ORDER AWARDING ATTORNEY FEES
Before the court is the claimant’s petition [23] for payment of attorney fees pursuant to
the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412. In these proceedings, the claimant
sought judicial review of the final decision of the Commissioner of Social Security, denying a
claim for benefits. By Judgment [21] dated February 15, 2013, the court remanded this case to
the Commissioner for further proceedings. The claimant now seeks attorney fees under the
EAJA on the grounds that he was the prevailing party and the Commissioner’s position was not
“substantially justified.” By the motion and attached exhibits, the claimant requests an award of
$2,906.25 in attorney fees. The Commissioner does not oppose the claimant’s request for
attorney fees. The court has considered the claimant’s motion and supporting documentation
and the record of this case and finds that the fee request is reasonable. Accordingly, it is,
THEREFORE, ORDERED that the claimant’s petition for payment of attorney fees
under the EAJA is hereby GRANTED, and the Commissioner shall pay the claimant $2,906.25
for the benefit of his attorney.
THIS, the 7th day of May, 2013.
/s/ Jane M. Virden
U. S. MAGISTRATE JUDGE
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