Gheen v. Colvin

Filing 25

ORDER granting 22 Motion for Attorney Fees. Signed by Magistrate Judge Jane M. Virden on 1/5/17. (ncb)

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

TERESA GHEEN

PLAINTIFF

V.

NO. 4:16CV00032-JMV

CAROLYN W. COLVIN,
ACTING COMMISSIONER OF SSA

DEFENDANT

ORDER ON PETITION FOR ATTORNEY’S FEES
Before the Court is Plaintiff’s Petition [22] 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 [18] dated October 25, 2016, this Court remanded this case to the
Commissioner for further proceedings. Plaintiff now seeks attorney’s fees and expenses in the
amount of $6,469.13 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 and expenses. Therefore, the Court finds the requested amount is
reasonable, and no special circumstances would make an award unjust.
THEREFORE, IT IS ORDERED:
That the Commissioner shall promptly pay to Plaintiff a total of $6,469.13 in attorney’s
fees and expenses for the benefit of counsel for Plaintiff.
This, 5th day of January, 2017.

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