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

OKESHA LASHONDA MOORE PLAINTIFF

v. CIVIL ACTION NO. 3:23-cv-229-JMV

COMMISSIONER OF SOCIAL SECURITY DEFENDANT

ORDER ON PETITION FOR ATTORNEY FEES

Before the Court are Plaintiff’s motion [19] for attorney fees pursuant to the Equal Access to Justice Act (“EAJA”),

(d), and Defendant’s stipulated response [20]. 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 December 1, 2023, the Commissioner filed a consent motion to remand [14] the case to the Social Security Administration. On December 4, 2023, this Court’s Order [17] 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

(g) qualifies as a prevailing party for purposes of fees under the EAJA. Breaux v. U.S.D.H.H.S,

(5th Cir. 1994) (per curiam). Plaintiff, through her motion, seeks attorney fees in the amount of $8,573.52. 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 35.4 hours on this case at a rate of $242.19 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 $8,573.52 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. SO ORDERED, this the 6th day of February, 2024. /s/ Jane M. Virden UNITED STATES MAGISTRATE JUDGE