IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI GREENVILLE DIVISION

JAMES HURSHELL WHATLEY PLAINTIFF

V. NO. 4:21-CV-55-DMB-DAS

KILOLO KIJAKAZI, Acting Commissioner of the Social Security Administration DEFENDANT

ORDER

On April 26, 2021, James Hurshell Whatley filed a complaint in the United States District Court for the Northern District of Mississippi seeking judicial review of the decision denying his claim for supplemental security income and/or disability insurance benefits. Doc. #1. On December 29, 2021, this Court reversed the unfavorable decision and remanded this case for further administrative proceedings pursuant to sentence four of

(g). Doc. #20. The next day, Whatley filed a motion for an award of attorney’s fees in the amount of $5,424.27 pursuant to the Equal Access to Justice Act (“EAJA”),

(d),1 made payable to him for the benefit of his counsel, for 26.60 total hours of work performed at the rate of $203.92 per hour. Doc. #21. The Commissioner does not object to the requested hourly award. Doc. #22. In the absence of objection to the hourly rate and hours worked, the Court finds a fee award of $5,424.27 is reasonable and no special circumstance would make the award unjust. Accordingly, Whatley’s motion for attorney’s fees [21] is GRANTED. The Commissioner is DIRECTED to promptly pay Whatley $5,424.27 in attorney’s fees for the benefit of his counsel. The award shall be made payable to Whatley and mailed to his counsel’s address.

1 The judgment in this case is properly considered final because the case was remanded pursuant to sentence four of

(g), which “terminates the civil action seeking judicial review of the Secretary’s final decision.” Shalala v. Schaefer,

, 298–99 (1993) (cleaned up). SO ORDERED, this 11th day of January, 2022. /s/Debra M. Brown UNITED STATES DISTRICT JUDGE