GIVENS v. COMMISSIONER OF SOCIAL SECURITY, 4:15CV00170-JMV. (2016)
Court: District Court, N.D. Mississippi
Number: infdco20160809b14
Visitors: 17
Filed: Aug. 08, 2016
Latest Update: Aug. 08, 2016
Summary: ORDER ON PETITION FOR ATTORNEY'S FEES JANE M. VIRDEN , Magistrate Judge . Before the Court is Plaintiff's Petition [20] for attorney's fees pursuant to the Equal Access to Justice Act ("EAJA"), 28 U.S.C. 2412(d), the Commissioner's Response [21], and Plaintiff's Reply [22]. In these proceedings Plaintiff sought judicial review of the Social Security Commissioner's final decision denying a claim for benefits. By Final Judgment [19] dated June 30, 2016, this Court reversed the decision of
Summary: ORDER ON PETITION FOR ATTORNEY'S FEES JANE M. VIRDEN , Magistrate Judge . Before the Court is Plaintiff's Petition [20] for attorney's fees pursuant to the Equal Access to Justice Act ("EAJA"), 28 U.S.C. 2412(d), the Commissioner's Response [21], and Plaintiff's Reply [22]. In these proceedings Plaintiff sought judicial review of the Social Security Commissioner's final decision denying a claim for benefits. By Final Judgment [19] dated June 30, 2016, this Court reversed the decision of ..
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ORDER ON PETITION FOR ATTORNEY'S FEES
JANE M. VIRDEN, Magistrate Judge.
Before the Court is Plaintiff's Petition [20] for attorney's fees pursuant to the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412(d), the Commissioner's Response [21], and Plaintiff's Reply [22].
In these proceedings Plaintiff sought judicial review of the Social Security Commissioner's final decision denying a claim for benefits. By Final Judgment [19] dated June 30, 2016, this Court reversed the decision of the Commissioner and remanded the case for further proceedings. Plaintiff now seeks attorney's fees in the amount of $4,727.50, representing 23.2 hours of attorney time at a rate of $175.00 per hour, and paralegal work at $75.00 per hour for 8.9 hours on the grounds that he was the prevailing party and the Commissioner's position was not "substantially justified."1 The Commissioner has no objection to this request for fees. The Court has fully considered the record of this matter and finds the requested amount is reasonable. THEREFORE, IT IS ORDERED:
That the Commissioner shall promptly pay to Plaintiff a total of $4,727.50 in fees for the benefit of counsel for Plaintiff.
FootNotes
1. Though Plaintiff's Motion [20] indicates he is seeking an award of attorney's fees calculated at a rate of $175 per hour for 23.2 hours, it inconsistently includes a total calculation for attorney's fees that exceeds the product of these figures. In his Reply [22], however, Plaintiff clarifies that he seeks an award of $175 per hour for attorney's fees.
Source: Leagle
