Amburgey v. Kijakazi
Amburgey v. Kijakazi
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI OXFORD DIVISION
JEANNIE LYNN PETERS AMBURGEY PLAINTIFF
V. NO. 3:21-CV-72-DMB-JMV
COMMISSIONER OF SOCIAL SECURITY DEFENDANT
ORDER
On April 7, 2021, Jeannie Lynn Peters Amburgey filed a complaint in the United States District Court for the Northern District of Mississippi seeking judicial review of the decision denying her claim for supplemental security income and/or disability insurance benefits. Doc. #1. On December 17, 2021, this Court reversed the unfavorable decision and remanded this case for further administrative proceedings pursuant to sentence four of
42 U.S.C. § 405(g). Doc. #22. On January 12, 2022, Amburgey filed a motion for an award of attorney’s fees in the amount of $4,233.60 pursuant to the Equal Access to Justice Act (“EAJA”),
28 U.S.C. § 2412(d),1 made payable to her for the benefit of her counsel, for 22.40 total hours of work performed at the rate of $189 per hour. Doc. #24. The Commissioner does not object to the requested hourly award. Doc. #25. In the absence of objection to the hourly rate and hours worked, the Court finds a fee award of $4,233.60 is reasonable and no special circumstance would make the award unjust. Accordingly, Amburgey’s motion for attorney’s fees [24] is GRANTED. The Commissioner is DIRECTED to promptly pay Amburgey $4,233.60 in attorney’s fees for the benefit of her
1 The judgment in this case is properly considered final because the case was remanded pursuant to sentence four of
42 U.S.C. § 405(g), which “terminates the civil action seeking judicial review of the Secretary’s final decision.” Shalala v. Schaefer,
509 U.S. 292, 298–99 (1993) (cleaned up). counsel. The award shall be made payable to Amburgey and mailed to her counsel’s address. SO ORDERED, this 31st day of January, 2022. /s/Debra M. Brown UNITED STATES DISTRICT JUDGE
Reference
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