Filed: Jan. 17, 2017
Latest Update: Jan. 17, 2017
Summary: REPORT AND RECOMMENDATION THOMAS B. SMITH , Magistrate Judge . Pending before the Court is Plaintiff's Unopposed Motion for Attorney's Fees (Doc. 20). Pursuant to the Equal Access to Justice Act ("EAJA"), 28 U.S.C. 2412(d), Plaintiff requests an award of fees in the amount of $4,588.80. 1 The schedule of hours attached to the petition confirms the attorney's billable hours expended on the case (Doc. 20-2). Plaintiff asserts that she is the prevailing party in this litigation, that the
Summary: REPORT AND RECOMMENDATION THOMAS B. SMITH , Magistrate Judge . Pending before the Court is Plaintiff's Unopposed Motion for Attorney's Fees (Doc. 20). Pursuant to the Equal Access to Justice Act ("EAJA"), 28 U.S.C. 2412(d), Plaintiff requests an award of fees in the amount of $4,588.80. 1 The schedule of hours attached to the petition confirms the attorney's billable hours expended on the case (Doc. 20-2). Plaintiff asserts that she is the prevailing party in this litigation, that the C..
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REPORT AND RECOMMENDATION
THOMAS B. SMITH, Magistrate Judge.
Pending before the Court is Plaintiff's Unopposed Motion for Attorney's Fees (Doc. 20). Pursuant to the Equal Access to Justice Act ("EAJA"), 28 U.S.C. §2412(d), Plaintiff requests an award of fees in the amount of $4,588.80.1 The schedule of hours attached to the petition confirms the attorney's billable hours expended on the case (Doc. 20-2).
Plaintiff asserts that she is the prevailing party in this litigation, that the Commissioner's position in the underlying action was not substantially justified, and that her net worth at the time proceeding was filed was less than two million dollars.2 (Id. at 1-2).
On October 14, 2016, the district judge granted the Commissioner's unopposed motion to remand this case for further administrative proceedings (Docs. 17, 18). The Clerk entered judgment on October 17, 2016 (Doc. 19), and Plaintiff filed her application for attorney's fees on January 17, 2017 (Doc. 20).
The motion includes a copy of Plaintiff's assignment of EAJA fees to her attorney (Doc. 20-3). Plaintiff requests that if she owes a debt that qualifies under the Treasury Offset Program, 31 U.S.C. § 3716, that payment be made payable to Plaintiff and delivered to her attorney. If the U.S. Department of the Treasury determines that Plaintiff does not owe a federal debt, Plaintiff requests that the Government accept her assignment of EAJA fees and pay such fees directly to her attorney.
Counsel for Plaintiff represents that the Commissioner has no objection to this motion (Doc. 20 at 2).
The undersigned respectfully recommends that the district judge GRANT Plaintiff's unopposed motion for attorney's fees (Doc. 20), and award Plaintiff fees in the amount of $4,588.80. It is further recommended that the district judge authorize payment to Plaintiff, to be delivered to her attorney, if Plaintiff owes a debt that qualifies under the Treasury Offset Program, 31 U.S.C. § 3716. If the U.S. Department of the Treasury determines that Plaintiff does not owe a federal debt, it is recommended that the district judge authorize payment of the EAJA fees directly to Plaintiff's attorney.
NOTICE TO PARTIES
A party has fourteen days from this date to file written objections to the Report and Recommendation's factual findings and legal conclusions. A party's failure to file written objections waives that party's right to challenge on appeal any unobjected-to factual finding or legal conclusion the district judge adopts from the Report and Recommendation. See 11th Cir. R. 3-1.
RESPECTFULLY RECOMMENDED.
