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FILLMORE v. COLVIN, 7:13-CV-131 (HL). (2014)

Court: District Court, M.D. Georgia Number: infdco20140410a18 Visitors: 13
Filed: Apr. 09, 2014
Latest Update: Apr. 09, 2014
Summary: ORDER HUGH LAWSON, Senior District Judge. Before the Court is Plaintiff's Motion for Attorney's Fees under the Equal Access to Justice Act (Doc. 13). Plaintiff's motion is granted, and she is awarded attorney's fees in the amount of $949.15. Because this Court has exercised its power under sentence four of 42 U.S.C. 405(g) and remanded this action for further review by the Commissioner of Social Security, Plaintiff qualifies as a prevailing party and is entitled to attorney's fees under the
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ORDER

HUGH LAWSON, Senior District Judge.

Before the Court is Plaintiff's Motion for Attorney's Fees under the Equal Access to Justice Act (Doc. 13). Plaintiff's motion is granted, and she is awarded attorney's fees in the amount of $949.15. Because this Court has exercised its power under sentence four of 42 U.S.C. § 405(g) and remanded this action for further review by the Commissioner of Social Security, Plaintiff qualifies as a prevailing party and is entitled to attorney's fees under the Equal Access to Justice Act ("EAJA"). Shalala v. Schafer, 506 U.S. 292, 300-01, 113 S.Ct. 2625, 125 L.Ed.2d 239 (1993). Any debt Plaintiff owes to the federal government must be subtracted from the award of attorney's fees, and Plaintiff's counsel is ordered to reimburse Plaintiff the lesser amount between this EAJA award and the fees he might collect in the future from any benefits awarded by the Commissioner.

SO ORDERED.

Source:  Leagle

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