Opinion
1:20cv83-JMV
08-05-2021
BILLY M. LAUDERDALE v. KILOLO KIJAKAZI, Acting Commissioner of Social Security[1] PLAINTIFF DEFENDANT
ORDER ON PETITION FOR ATTORNEY FEES
Jane M. Virden, U.S. MAGISTRATE JUDGE
Before the Court are Plaintiff's motion [24] for attorney fees and costs pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412, and Defendant's response [25]. For the reasons set out below, Plaintiff's motion is granted.
In these proceedings Plaintiff sought judicial review of the Social Security Commissioner's final decision denying claims for benefits. By a final judgment [23] dated April 29, 2021, this Court remanded this case to the Commissioner for further proceedings. Plaintiff now seeks an award of $7, 225.61 in attorney fees on the grounds that Plaintiff was the prevailing party and the Commissioner's position was not “substantially justified.” Plaintiff further seeks $400.00 as reimbursement for costs. The Acting Commissioner does not object to the fees requested. The Acting Commissioner further submits, and the Court agrees, the $400.00 award for costs should be paid from the Judgment Fund and the total EAJA award should be made payable to Plaintiff. Ultimately, the Court finds the requested award is reasonable; and no special circumstance would make the award unjust.
THEREFORE, IT IS ORDERED:
That Plaintiff's motion for EAJA fees [24] is granted, and the Acting Commissioner shall promptly pay to Plaintiff, for the benefit of his counsel, a total of $7, 225.61 in attorney fees.
Plaintiff shall also be promptly reimbursed $400.00 in costs from the Judgment Fund.