Filed: Nov. 14, 2017
Latest Update: Nov. 14, 2017
Summary: ORDER AMANDA ARNOLD SANSONE , Magistrate Judge . This cause comes before the Court on Plaintiff's Petition for Attorney's Fees. (Doc. 21). Plaintiff asserts that the Commissioner does not oppose the requested relief. ( Id., p. 1). Plaintiff seeks attorney's fees in the amount of $6,028.29 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. Plaintiff asks for $1,849.73 in fees for work performed on the case in
Summary: ORDER AMANDA ARNOLD SANSONE , Magistrate Judge . This cause comes before the Court on Plaintiff's Petition for Attorney's Fees. (Doc. 21). Plaintiff asserts that the Commissioner does not oppose the requested relief. ( Id., p. 1). Plaintiff seeks attorney's fees in the amount of $6,028.29 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. Plaintiff asks for $1,849.73 in fees for work performed on the case in 2..
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ORDER
AMANDA ARNOLD SANSONE, Magistrate Judge.
This cause comes before the Court on Plaintiff's Petition for Attorney's Fees. (Doc. 21). Plaintiff asserts that the Commissioner does not oppose the requested relief. (Id., p. 1).
Plaintiff seeks attorney's fees in the amount of $6,028.29 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. Plaintiff asks for $1,849.73 in fees for work performed on the case in 2016, calculated at a rate of $192.68 per hour for 9.6 hours, and $4,178.56 in fees for work performed on the case in 2017, calculated at a rate of $195.26 per hour for 21.40 hours.2
The 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 that same day. (Doc. 20). As the prevailing party, Plaintiff now requests an award of fees. See 28 U.S.C. § 2412(a)(1) & (d)(1)(A). As judgment for Plaintiff was entered on August 31, 2017, and Plaintiff filed her Petition for Attorney's Fees on November 13, 2017, the Court has jurisdiction to award the requested fees. See 28 U.S.C. § 2412(d)(1)(B).3
Plaintiff also seeks reimbursement for costs incurred as a result of the filing fee in the amount of $400.00. Under § 2412(a)(2), the prevailing party in an action brought against the United States may recover costs, including an amount equal to the filing fee prescribed under 28 U.S.C. § 1914, which in turn requires any party instituting a civil action to pay a filing fee of $350.00. In the Middle District of Florida, the party instituting a civil action must also pay a $50 administrative fee. See U.S. Dist. Court Middle Dist. of Fla., Forms, Policies & Publications, uscourts.gov, http://www.flmd.uscourts.gov/forms/forms_policies.htm (select "Fee Schedule").
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 and pay the fees directly to Plaintiff's counsel. (Doc. 21-2).
For the reasons set out in Plaintiff's motion, therefore, it is hereby ORDERED:
1. Plaintiff's Petition for Attorney Fees (Doc. 21) is GRANTED.
2. Plaintiff is awarded $6,028.29 in attorney's fees pursuant to the EAJA.
3. Plaintiff is awarded $400.00 in costs pursuant to the EAJA.
DONE AND ORDERED.
