Gilmore v. Commissioner of Social Security

Full title: DONNA SUE GILMORE PLAINTIFF v. COMMISSIONER OF SOCIAL SECURITY DEFENDANT

Court: United States District Court, N.D. Mississippi, Eastern Division

Date published: Jul 30, 2010

CIVIL ACTION NO. 1:09CV53-DAS (N.D. Miss. Jul. 30, 2010)

Opinion

CIVIL ACTION NO. 1:09CV53-DAS.

July 30, 2010

ORDER GRANTING RELIEF FROM PRIOR ORDER

DAVID SANDERS, Magistrate Judge

Before the court is the Commissioner's motion requesting relief from that portion of the court's June 16 Order (# 27) requiring that attorney's fees under the Equal Access to Justice Act ("EAJA") be paid directly to the claimant's attorney. The court, having duly considered the motion, finds that it is well taken and should be granted. Therefore,

IT IS ORDERED:

1. That the Commissioner's motion (# 28) is hereby granted, and that portion of the court's June 16 Order requiring that the Commissioner pay attorney's fees directly to the claimant's attorney is hereby VACATED.

2. That the Commissioner shall pay the claimant $4,377.50 in attorney's fees and expenses for the benefit of the claimant's attorney in these proceedings.