TALBOT v. ASTRUE, 5:11-cv-178-Oc-TBS. (2012)
Court: District Court, M.D. Florida
Number: infdco20120612723
Visitors: 14
Filed: Jun. 11, 2012
Latest Update: Jun. 11, 2012
Summary: ORDER THOMAS B. SMITH, Magistrate Judge. Pending before the Court is Plaintiff's Application for Attorney's Fees and Costs Pursuant to the Equal Access to Justice Act. (Doc. 31). 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 $3,055.28. Plaintiff does not seek costs. The Affidavit of Attorney's Time for N. Albert Bacharach, Jr. confirms the attorney hours. (Doc. 31-2). In his Defendant's Response to Plaintiff's Mot
Summary: ORDER THOMAS B. SMITH, Magistrate Judge. Pending before the Court is Plaintiff's Application for Attorney's Fees and Costs Pursuant to the Equal Access to Justice Act. (Doc. 31). 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 $3,055.28. Plaintiff does not seek costs. The Affidavit of Attorney's Time for N. Albert Bacharach, Jr. confirms the attorney hours. (Doc. 31-2). In his Defendant's Response to Plaintiff's Moti..
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ORDER
THOMAS B. SMITH, Magistrate Judge.
Pending before the Court is Plaintiff's Application for Attorney's Fees and Costs Pursuant to the Equal Access to Justice Act. (Doc. 31). 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 $3,055.28. Plaintiff does not seek costs. The Affidavit of Attorney's Time for N. Albert Bacharach, Jr. confirms the attorney hours. (Doc. 31-2). In his Defendant's Response to Plaintiff's Motion for Attorney's Fees the Commissioner states that he has no objection to payment of $3,055.28. (Doc. 32). Plaintiff was the prevailing party in this litigation and his net worth at the time this proceeding was filed was less than two million dollars.1 (Doc. 31). On March 15, 2012, 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) and the Clerk entered Judgment on March 16, 2012. (Doc. 15 and 16). Plaintiff filed his application for attorney's fees on June 6, 2012. (Doc. 31). Plaintiff has not attached a copy of his fee agreement and it is unknown whether Plaintiff assigned his EAJA fees to his counsel. (Doc. 31). Accordingly, payment should be made payable to Plaintiff and delivered to Plaintiff 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 pay fees directly to Plaintiff.
Pursuant to the provisions of the Equal Access to Justice Act (28 U.S.C. §2412(d)), Plaintiff's uncontested petition for attorney's fees (Doc. 31) is hereby GRANTED. Plaintiff is awarded attorney's fees in the amount of $3,055.28 and nothing for costs, to be paid out of the judgment fund. Payment is authorized to Plaintiff if the Commissioner determines Plaintiff does not owe a debt to the government.
IT IS SO ORDERED.
FootNotes
1. Under the EAJA, a claimant is eligible for an attorney fee award where: (1) the claimant is a prevailing party in a non-tort suit involving the United States; (2) the Government's position was not substantially justified; (3) the claimant filed a timely application for attorney's fees; (4) the claimant had a net worth of less than $2 million at the time the complaint was filed; and (5) there are no special circumstances which would make the award of fees unjust. 28 U.S.C. § 2412(d).
Source: Leagle