Powell v. Commissioner of Social Security

Filing 24

ORDER granting 23 Motion for Attorney Fees. Signed by Magistrate Judge Jane M. Virden on 4/4/17. (ncb)

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

WILLIE LOUIS POWELL
V.

PLAINTIFF
NO. 4:16CV00096-JMV

COMMISSIONER OF SOCIAL SECURITY

DEFENDANT

ORDER ON PETITION FOR ATTORNEY FEES
Before the Court is Plaintiff’s motion [23] for attorney fees pursuant to the Equal Access
to Justice Act (“EAJA”), 28 U.S.C. § 2412(d), and travel expenses. In these proceedings
Plaintiff sought judicial review of the Social Security Commissioner’s final decision denying a
claim for benefits. By Final Judgment [22] dated February 21, 2017, this Court remanded this
case to the Commissioner for further proceedings. Plaintiff now seeks attorney fees and
expenses in the amount of $6,400.69 on the grounds that he was the prevailing party and the
Commissioner’s position was not “substantially justified.” The Commissioner has filed no
response to the motion. Therefore, the Court finds the requested amount is reasonable, and no
special circumstances would make the requested award unjust.
THEREFORE, IT IS ORDERED:
That the Commissioner shall promptly pay to Plaintiff a total of $6,400.69 in attorney
fees and expenses for the benefit of counsel for Plaintiff.
This, 4th day of April, 2017.

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