Filed: Jul. 05, 2012
Latest Update: Jul. 05, 2012
Summary: ORDER 1 THOMAS B. SMITH, District Judge. Pending before the Court is Plaintiff's Petition for Attorney's Fees. (Doc. 36). 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 $3,819.47. The schedule of hours attached to the petition confirms the attorney's claimed hours. (Doc. 36-1). Pursuant to M.D. FLA. R. 3.01(g), counsel for Plaintiff represents that Defendant's attorney has been contacted and has no objection to t
Summary: ORDER 1 THOMAS B. SMITH, District Judge. Pending before the Court is Plaintiff's Petition for Attorney's Fees. (Doc. 36). 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 $3,819.47. The schedule of hours attached to the petition confirms the attorney's claimed hours. (Doc. 36-1). Pursuant to M.D. FLA. R. 3.01(g), counsel for Plaintiff represents that Defendant's attorney has been contacted and has no objection to th..
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ORDER1
THOMAS B. SMITH, District Judge.
Pending before the Court is Plaintiff's Petition for Attorney's Fees. (Doc. 36). 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 $3,819.47. The schedule of hours attached to the petition confirms the attorney's claimed hours. (Doc. 36-1). Pursuant to M.D. FLA. R. 3.01(g), counsel for Plaintiff represents that Defendant's attorney has been contacted and has no objection to the requested relief. (Doc. 36 at 5).
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 this proceeding was filed was less than two million dollars.2 (Id. at 1-2). On March 29, 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. 34). On April 11, 2012, the Clerk entered Judgment. (Doc. 35). Plaintiff filed this application for attorney's fees on June 19, 2012. (Doc. 36).
Plaintiff has attached a copy of his assignment of EAJA fees to his counsel. (Doc. 36-2). 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. 36) is hereby GRANTED. Plaintiff is awarded attorney's fees in the amount of $3,819.47 to be paid out of the judgment fund. Payment is authorized to Plaintiff's counsel if the Commissioner determines Plaintiff does not owe a debt to the government.
IT IS SO ORDERED.
DONE AND ORDERED.
