Eggleston v. Commissioner of Social Security

Filing 20

ORDER granting 18 Motion for Attorney Fees. Signed by Magistrate Judge Jane M. Virden on 4/4/16. (ncb)

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

DORENE EGGLESTON
V.

PLAINTIFF
NO. 4:15CV00124-JMV

COMMISSIONER OF SOCIAL SECURITY

DEFENDANT

ORDER ON PETITION FOR ATTORNEY’S FEES
Before the Court is Plaintiff’s Petition [18] for attorney’s fees pursuant to the Equal
Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d). In these proceedings Plaintiff sought
judicial review of the Social Security Commissioner’s final decision denying a claim for
benefits. By Final Judgment [17] dated March 7, 2016, this Court remanded this case to the
Commissioner for further proceedings. Plaintiff now seeks attorney’s fees in the amount of
$4,042.50, representing 23.1 hours of attorney time at a rate of $175.00 per hour on the grounds
that she was the prevailing party, and the Commissioner’s position was not “substantially
justified.” The Commissioner responds that there is no objection to the request for fees.
Therefore, the Court finds the requested amount is reasonable.
THEREFORE, IT IS ORDERED:
That the Commissioner shall promptly pay to Plaintiff a total of $4,042.50 in attorney’s
fees and expenses for the benefit of counsel for Plaintiff.
This, 4th day of April, 2016.

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