Blanch v. Berryhill

Filing 22

ORDER granting 19 Motion for Attorney Fees. Signed by Magistrate Judge Jane M. Virden on 10/18/18. (ncb)

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

PLAINTIFF
NO. 4:17CV00149-JMV

NANCY BERRYHILL,
COMMISSIONER OF SOCIAL SECURITY

DEFENDANT

ORDER ON PETITION FOR ATTORNEY FEES
Before the court are Plaintiff’s motion [19] for attorney fees pursuant to the Equal Access to
Justice Act (“EAJA”), 28 U.S.C. § 2412(d), and Defendant’s response [21].

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 [18] dated July 30, 2018, this court reversed

and remanded this case to the Commissioner for further proceedings.

Plaintiff now seeks attorney fees

in the amount of $5,534.94 for attorney work before this court on the ground that Plaintiff was the
prevailing. Defendant indicates she has no objection to the requested award.
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.
Additionally, the court finds the award should be made payable to Plaintiff.

See generally Astrue v.

Ratliff, 560 U.S. 586, 130 S. Ct. 2521 (2010).
THEREFORE, IT IS ORDERED:
That the Acting Commissioner shall promptly pay to Plaintiff a total of $5,534.94 in attorney fees
for the benefit of counsel for Plaintiff.
This 18th day of October, 2018.

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