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MASELLI v. COMMISSIONER OF SOCIAL SECURITY, 5:12-cv-530-Oc-10PRL. (2014)

Court: District Court, M.D. Florida Number: infdco20140613936 Visitors: 13
Filed: Jun. 11, 2014
Latest Update: Jun. 11, 2014
Summary: ORDER PHILIP R. LAMMENS, Magistrate Judge. This case is before the Court on Plaintiff's Unopposed Petition for Attorney Fees. (Doc. 22). 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 $4,865.93. The attached schedules of hours confirm the attorney hours. (Doc. 22-2). Plaintiff represents that the Commissioner has no objection to the petition. Plaintiff asserts that he is the prevailing party in this litigation, a
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ORDER

PHILIP R. LAMMENS, Magistrate Judge.

This case is before the Court on Plaintiff's Unopposed Petition for Attorney Fees. (Doc. 22). 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 $4,865.93. The attached schedules of hours confirm the attorney hours. (Doc. 22-2). Plaintiff represents that the Commissioner has no objection to the petition.

Plaintiff asserts that he is the prevailing party in this litigation, and that the Commissioner's position in the underlying action was not substantially justified. On March 10, 2014, the Court entered an Order reversing and remanding this cause back to the Commissioner for further proceedings pursuant to sentence four of 42 U.S.C. § 405(g). (Doc. 20). The Clerk entered Judgment accordingly. (Doc. 21).

Also attached to Plaintiff's motion is Plaintiff's assignment of EAJA fees to counsel. (Doc. 22-3). In light of the assignment, Plaintiff requests (and Defendant agrees) that the payment should be made payable to Plaintiff and delivered to Plaintiff's counsel unless Plaintiff owes a federal debt. If the U.S. Department of the Treasury determines that Plaintiff does not owe a federal debt, the government will accept Plaintiff's assignment of EAJA fees and pay fees directly to Plaintiff's counsel.

Pursuant to the provisions of the Equal Access to Justice Act (28 U.S.C. § 2412(d)), Plaintiff's petition for attorney's fees (Doc. 22) is hereby GRANTED. Plaintiff is awarded attorney's fees in the amount of $4,865.93. Payment is authorized to Plaintiff's counsel if the Commissioner determines Plaintiff does not owe a debt to the government.

DONE and ORDERED.

Source:  Leagle

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