Opinion
1:23-cv-6-JMV
12-18-2023
BRIAN IRVIN PLAINTIFF v. COMMISSIONER OF SOCIAL SECURITY DEFENDANT
ORDER ON PETITION FOR ATTORNEY FEES
JANE M. VIRDEN, UNITED STATES MAGISTRATE JUDGE.
Before the Court are Plaintiff's motion [29] for attorney fees pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d), and Defendant's response [30]. 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. On October 16, 2023, the Commissioner filed a consent motion to remand [25] the case to the Social Security Administration. That same day, this Court's Order [27] granted said motion and reversed the Commissioner's decision and remanded to the Social Security Administration 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 his motion, seeks attorney fees in the amount of $4,536.00. 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 24.0 hours on this case at a rate of $189 per hour.
The Court, having thoroughly considered the motion, noting that the defendant does not oppose the motion, and the applicable law, finds the requested award is reasonable; and no special circumstance would make the award unjust.
Therefore, it is ordered that the Commissioner shall promptly pay Plaintiff $4,536.00 in attorney fees for the benefit of his counsel. As a matter of practice, an EAJA fee made payable to Plaintiff may properly be mailed to Plaintiff's attorney.
SO ORDERED.