UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF MISSISSIPPI GREENVILLE DIVISION

ELIZABETH ANN BURDEN PLAINTIFF

v. No. 4:24-cv-128-JMV

COMMISSIONER OF SOCIAL SECURITY DEFENDANT

ORDER ON PETITION FOR ATTORNEY FEES

Before the Court are Plaintiff’s motion [21] for attorney fees pursuant to the Equal Access to Justice Act (“EAJA”),

(d), and Defendant’s response [23]. 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. This Court’s Order [20] reversed the Commissioner’s decision and remanded to the Social Security Administration on July 15, 2025, 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, sought attorney fees in the amount of $7,910.11. 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 31.6 hours on this case in 2024 and 2025 at a rate of $250.32 per hour. The Court, having thoroughly considered the motion, noting that the defendant does not oppose the award of EAJA fees, and the applicable law, finds the award is reasonable; and no special circumstance would make the award unjust. Therefore, it is ordered that the Commissioner shall promptly pay Plaintiff $7,910.11 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, this the 17th day of July, 2025. /s/ Jane M. Virden UNITED STATES MAGISTRATE JUDGE