Smalls v. Commissioner of Social Security

Middle District of Florida, flmd-8:2017-cv-01050

ORDER granting {{21}} Motion for Attorney Fees. See Order for details. Signed by Magistrate Judge Anthony E. Porcelli on 11/28/2018. (VIV)

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PageID 3004 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION CLARENCE SMALLS, Plaintiff, v. Case No. 8:17-cv-1050-T-AEP NANCY A. BERRYHILL, COMMISSIONER OF SOCIAL SECURITY, Defendant. / ORDER This cause comes before the Court on Plaintiff's Petition for Attorney Fees (Doc. 21). By the motion, Plaintiff seeks attorney's fees in the amount of $8,973.62 and reimbursement of filing costs in the amount of $400.00, pursuant to the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412. On September 12, 2018, this Court entered an Order reversing and remanding the case under sentence four of 42 U.S.C. § 405(g) to the Commissioner for further administrative proceedings (Doc. 19). The Clerk entered judgment in favor of Plaintiff thereafter (Doc. 20). Accordingly, as the prevailing party, Plaintiff now requests an award of fees. See 28 U.S.C. § 2412(d)(1)(A). The Commissioner does not oppose the requested relief (Doc. 21). After issuance of an order awarding EAJA fees, however, the United States Department of the Treasury will determine whether Plaintiff owes a debt to the government. If Plaintiff has no discernable federal debt, the government will accept Plaintiff's assignment of EAJA fees (Doc. 21-2) and pay the fees directly to Plaintiff's counsel. For the reasons set out in Plaintiff's motion, therefore, it is hereby ORDERED: PageID 3005 1. Plaintiff's Petition for Attorney Fees (Doc. 21) is GRANTED. 2. Plaintiff is awarded fees in the amount of $8,973.62 and reimbursement of filing costs in the amount of $400.00. Unless the Department of Treasury determines that Plaintiff owes a federal debt, the government must pay the fees to Plaintiff's counsel in accordance with Plaintiff's assignment of fees. DONE AND ORDERED in Tampa, Florida, on this 28th day of November, 2018. cc: Counsel of Record 2