Burton v. Colvin

Filing 20

ORDER granting 18 Motion for Attorney Fees. Signed by Jane M Virden on 12/10/13. (ncb)

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

ANTONIO EUGENE BURTON

PLAINTIFF

V.

NO. 4:13CV00054-JMV

CAROLYN W. COLVIN,
COMMISSIONER OF SOCIAL SECURITY

DEFENDANT

ORDER AWARDING ATTORNEY FEES
Before the court is the claimant’s motion [18] 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 [17] dated September 10, 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 she 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 $6,027.10 in attorney
fees, representing 32.35 hours of attorney time at a rate of $186.31. The Commissioner objects to an
award based on the requested hourly rate, arguing it exceeds “the usual $175.00 hourly rate that the
Commissioner submits is a reasonable hourly rate for attorney work performed in 2013 in this
district.”
Because a survey of social security cases in this district reveals that this court has awarded
fees based on rates near and above that requested herein for comparable work performed in the years
2012 and 2013, the Commissioner’s objection is overruled. And, because the court is not otherwise
convinced that the fee requested is unreasonable, the court finds the instant motion should be granted.
THEREFORE, IT IS ORDERED that the claimant’s motion for payment of attorney fees
under the EAJA is hereby GRANTED, and the Commissioner shall pay the claimant $6,027.10 for the
benefit of his attorney.
THIS, the 10th day of December, 2013.

/s/ Jane M. Virden
U. S. MAGISTRATE JUDGE