Gonzalez v. Commissioner of Social Security

Filing 21

ORDER granting in part and denying in part 19 Motion for Attorney Fees. Signed by Magistrate Judge S. Allan Alexander on 6/3/15. (mhf)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
OXFORD DIVISION
DAVID TYLER GONZALEZ,

PLAINTIFF

v.

CIVIL CASE NO. 4:14-CV-104-SAA

CAROLYN W. COLVIN,

DEFENDANT

ORDER ON PETITION FOR ATTORNEY’S FEES
Plaintiff seeks an award for attorney’s fees [Docket 19] under the Equal Access to
Justice Act (“EAJA”), 28 U.S.C. § 2412(d). Plaintiff sought judicial review of the Social
Security Commissioner’s final decision denying a claim for benefits and by Judgment [Docket
18] dated March 31, 2015, this court remanded the case to the Commissioner for further
proceedings. Contending he was the prevailing party and the Commissioner’s position was not
“substantially justified,” plaintiff now seeks fees totaling $4,504.00 ($4,322.50 in attorney’s fees
plus a $181.50 expense for copying the transcript). Docket 19, p. 1. Plaintiff requests the total
monies sought be paid to his attorney pursuant to an alleged duly executed assignment of EAJA
fees.

The Commissioner does not dispute that Plaintiff is the prevailing party but does

challenge the motion on grounds that (i) the EAJA fees should be paid directly to the plaintiff
under Astrue v. Ratliff, 130 S. Ct. 2521 (2010), (ii) plaintiff provides no support for claimed
litigation expenses of copying the transcript, and (iii) certain billed tasks are non-compensable.
Docket 20.
Having thoroughly considered the submissions of the parties, the record and the
applicable law, the court finds the award of attorney’s fees should be GRANTED in part and
DENIED in part. Plaintiff is entitled to the reasonable attorney’s fees submitted however, will
not be compensated for the cost of copying the transcript because support for such an expense
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has not been provided. Further, because proof of a duly executed assignment of EAJA fees has
not been provided, the award should be paid directly to plaintiff. It is
ORDERED
that defendant pay plaintiff attorney’s fees totaling $4,322.50, representing 24.7 total
hours of attorney work at a rate of $175 per hour. Defendant will mail the award to plaintiff’s
attorney in plaintiff’s name.
This, the 3rd day of June, 2015.

__/s/ S. Allan Alexander_____________________
UNITED STATES MAGISTRATE JUDGE

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