Whatley v. Saul

Filing 23

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

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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. 1 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 2

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