Perry v. Commissioner of Social Security

Filing 25

ORDER granting 23 Motion for Attorney Fees. Signed by Magistrate Judge Jane M. Virden on 11/26/18. (ncb)

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

JO ANN PERRY

PLAINTIFF

V.

NO. 4:17CV00081-JMV

COMMISSIONER OF SOCIAL SECURITY

DEFENDANT

ORDER ON PETITION FOR ATTORNEY FEES
Before the court are Plaintiff’s motion [23] for attorney fees pursuant to the Equal Access
to Justice Act (“EAJA”), 28 U.S.C. § 2412(d), and Defendant’s response [24]. For the reasons
set out below, the motion will be granted.
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
September 24, 2018, this court reversed and remanded this case to the Commissioner for further
proceedings. Plaintiff now seeks attorney fees in the amount of $5,688.90 for attorney work
before this court plus $50.29 for travel expenses on the grounds that Plaintiff was the prevailing
party and the Commissioner’s position was not substantially justified. Defendant indicates she
has no objection to the requested award. Nevertheless, Defendant points out that any award
should be made payable to Plaintiff, instead of counsel, in accordance with the Supreme Court’s
decision in Astrue v. Ratliff, 560 U.S. 586, 130 S. Ct. 2521 (2010).
The court, having thoroughly considered the motion, the response, and the applicable
law, finds the requested award is reasonable, and no special circumstance would make the
award unjust.
THEREFORE, IT IS ORDERED:

That the Acting Commissioner shall promptly pay to Plaintiff a total of $5,688.90 in
attorney fees plus $50.29 in expenses for the benefit of counsel for Plaintiff.
This 26th day of November, 2018.

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

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