Filed: Jun. 14, 2012
Latest Update: Jun. 14, 2012
Summary: ORDER THOMAS B. SMITH, Magistrate Judge. Pending before the Court is Plaintiff's Unopposed Application For Attorney's Fees Under the Equal Access To Justice Act (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 $3,429.50 and costs in the amount of $350.00 payable out of the judgment fund administered by the United States Department of Treasury. The schedule of hours submitted by Plaintiff confirms the attor
Summary: ORDER THOMAS B. SMITH, Magistrate Judge. Pending before the Court is Plaintiff's Unopposed Application For Attorney's Fees Under the Equal Access To Justice Act (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 $3,429.50 and costs in the amount of $350.00 payable out of the judgment fund administered by the United States Department of Treasury. The schedule of hours submitted by Plaintiff confirms the attorn..
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ORDER
THOMAS B. SMITH, Magistrate Judge.
Pending before the Court is Plaintiff's Unopposed Application For Attorney's Fees Under the Equal Access To Justice Act (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 $3,429.50 and costs in the amount of $350.00 payable out of the judgment fund administered by the United States Department of Treasury. The schedule of hours submitted by Plaintiff confirms the attorney hours. (Doc. 20-2). Plaintiff represents that the Commissioner has no objection to his Application.
Plaintiff asserts that he is the prevailing party in this litigation, that the Commissioner's position in the underlying action was not substantially justified and that his net worth at the time proceeding was filed was less than two million dollars.1 On May 16, 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). (Doc. 18.) The same day, the Clerk entered Judgment. (Doc. 19.) On June 13, 2012, Plaintiff filed his Petition for Attorney's Fees. (Doc. 20.)
Plaintiff attached a copy of the fee agreement, which includes Plaintiff's assignment of EAJA fees to his counsel. 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 Uncontested Petition for Attorney's Fee (Doc. 20) is hereby GRANTED. Plaintiff is awarded attorney's fees in the amount of $3,429.50 and costs in the amount of $350.00. Payment is authorized to Plaintiff's counsel if the Commissioner determines Plaintiff does not owe a debt to the government.2
IT IS SO ORDERED.
DONE AND ORDERED.
