Whatley v. Saul

Filing 23

ORDER granting 21 Motion for Attorney Fees. Signed by District Judge Debra M. Brown on 1/11/22. (jla)

Case: 4:21-cv-00055-DMB-DAS Doc #: 23 Filed: 01/11/22 1 of 2 PageID #: 720

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

PLAINTIFF

V.

NO. 4:21-CV-55-DMB-DAS

KILOLO KIJAKAZI,
Acting Commissioner of the Social
Security Administration

DEFENDANT
ORDER

On April 26, 2021, James Hurshell Whatley filed a complaint in the United States District
Court for the Northern District of Mississippi seeking judicial review of the decision denying his
claim for supplemental security income and/or disability insurance benefits. Doc. #1. On
December 29, 2021, this Court reversed the unfavorable decision and remanded this case for
further administrative proceedings pursuant to sentence four of 42 U.S.C. § 405(g). Doc. #20.
The next day, Whatley filed a motion for an award of attorney’s fees in the amount of $5,424.27
pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d), 1 made payable to him
for the benefit of his counsel, for 26.60 total hours of work performed at the rate of $203.92 per
hour. Doc. #21. The Commissioner does not object to the requested hourly award. Doc. #22.
In the absence of objection to the hourly rate and hours worked, the Court finds a fee award
of $5,424.27 is reasonable and no special circumstance would make the award unjust.
Accordingly, Whatley’s motion for attorney’s fees [21] is GRANTED. The Commissioner is
DIRECTED to promptly pay Whatley $5,424.27 in attorney’s fees for the benefit of his counsel.
The award shall be made payable to Whatley and mailed to his counsel’s address.
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The judgment in this case is properly considered final because the case was remanded pursuant to sentence four of
42 U.S.C. § 405(g), which “terminates the civil action seeking judicial review of the Secretary’s final decision.”
Shalala v. Schaefer, 509 U.S. 292, 298–99 (1993) (cleaned up).

Case: 4:21-cv-00055-DMB-DAS Doc #: 23 Filed: 01/11/22 2 of 2 PageID #: 721

SO ORDERED, this 11th day of January, 2022.
/s/Debra M. Brown
UNITED STATES DISTRICT JUDGE

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