Davis v. Astrue

Filing 25

ORDER granting 23 Motion for Attorney Fees. Signed by Jane M Virden on 5/7/13. (ncb)

Download PDF
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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?