Filed: Mar. 26, 2014
Latest Update: Mar. 26, 2014
Summary: ORDER 1 THOMAS B. SMITH, Magistrate Judge. Pending before the Court is Plaintiff's Petition for Attorney's Fees. (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 $5,728.94. The schedule of hours attached to the petition confirms the attorneys' hours. (Doc. 31-2 at 3-4). The Commissioner represents that it has no objection to the petition for fees. (Doc. 32). Plaintiff asserts that she is the prevailing
Summary: ORDER 1 THOMAS B. SMITH, Magistrate Judge. Pending before the Court is Plaintiff's Petition for Attorney's Fees. (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 $5,728.94. The schedule of hours attached to the petition confirms the attorneys' hours. (Doc. 31-2 at 3-4). The Commissioner represents that it has no objection to the petition for fees. (Doc. 32). Plaintiff asserts that she is the prevailing p..
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ORDER1
THOMAS B. SMITH, Magistrate Judge.
Pending before the Court is Plaintiff's Petition for Attorney's Fees. (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 $5,728.94. The schedule of hours attached to the petition confirms the attorneys' hours. (Doc. 31-2 at 3-4).
The Commissioner represents that it has no objection to the petition for fees. (Doc. 32). Plaintiff asserts that she is the prevailing party in this litigation and that the Commissioner's position in the underlying action was not substantially justified.2 (Doc. 31-1).
On December 5, 2013, the Court entered an order reversing the ALJ's decision and remanding the case back to the Commissioner for further proceedings pursuant to sentence four of 42 U.S.C. § 405(g). (Doc. 29). The Clerk entered Judgment the next day. (Doc. 30). Plaintiff filed her application for attorneys' fees on March 6, 2014. (Doc. 31).
Plaintiff attached a copy of her fee agreement, which includes an assignment of EAJA fees to her counsel. (Doc. 31-3). 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 EAJA, Plaintiff's petition for attorney's fees (Doc. 31) is GRANTED. Plaintiff is awarded attorney's fees in the amount of $5,728.94 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.
DONE and ORDERED.
