Opinion
1:23-cv-123-JMV
08-26-2024
STEPHANNE RENAE OCHOE JOHNSON DEFENDANT v. COMMISSIONER OF SOCIAL SECURITY PLAINTIFF
AMENDED ORDER ON PETITION FOR ATTORNEY FEES
JANE M. VIRDEN, UNITED STATES MAGISTRATE JUDGE
Before the Court are Plaintiff's motion [20] 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 that follow, 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. This Court's Order [18] reversed the Commissioner's decision and remanded to the Social Security Administration on June 7, 2024, for further proceedings. A party who obtains a remand in a social security appeal pursuant to the fourth sentence of 42 U.S.C. § 405(g) qualifies as a prevailing party for purposes of fees under the EAJA. Breaux v. U.S.D.H.H.S, 20 F.3d 1324, 1324 (5th Cir. 1994) (per curiam).
Plaintiff, through her motion, sought attorney fees in the amount of $7,715.49. In support of the motion, Plaintiff's counsel submitted a statement regarding the time expended litigating this action. According to the motion, Plaintiff's attorney spent a total of 27.4 hours on this case in 2023 at a rate of $242.19 per hour. In addition, Plaintiff's counsel spent a total of 4.44 hours on this case in 2024 at a rate of $243.13 per hour.
The Court, having thoroughly considered the motion, noting that the defendant does not oppose the award of EAJA fees, and the applicable law, finds the award is reasonable; and no special circumstance would make the award unjust.
Therefore, it is ordered that the Commissioner shall promptly pay Plaintiff $7,715.49 in attorney fees for the benefit of her counsel.As a matter of practice, an EAJA fee made payable to Plaintiff may properly be mailed to Plaintiff's attorney.
This Court's initial order [22] entered on August 7, 2024, contained a typographical error. The instant Amended Order corrects said error and awards $7,715.49 in attorney's fees.
SO ORDERED.