Filed: Jul. 22, 2015
Latest Update: Jul. 22, 2015
Summary: ORDER PHILIP R. LAMMENS , Magistrate Judge . This matter is before the Court on Plaintiff's Consent Petition for Attorney Fees. (Doc. 25). 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 $4,199, plus $400 for the filing fee. The attached schedules of hours confirm the attorney hours. (Doc. 25-2). Plaintiff represents that the Commissioner has no objection to his petition. Plaintiff asserts that he is the prevai
Summary: ORDER PHILIP R. LAMMENS , Magistrate Judge . This matter is before the Court on Plaintiff's Consent Petition for Attorney Fees. (Doc. 25). 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 $4,199, plus $400 for the filing fee. The attached schedules of hours confirm the attorney hours. (Doc. 25-2). Plaintiff represents that the Commissioner has no objection to his petition. Plaintiff asserts that he is the prevail..
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ORDER
PHILIP R. LAMMENS, Magistrate Judge.
This matter is before the Court on Plaintiff's Consent Petition for Attorney Fees. (Doc. 25). 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 $4,199, plus $400 for the filing fee. The attached schedules of hours confirm the attorney hours. (Doc. 25-2). Plaintiff represents that the Commissioner has no objection to his petition.
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 April 16, 2015, 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. 23). On April 21, 2015, the Clerk entered Judgment. (Doc. 24). On July 20, 2015, Plaintiff filed his petition for attorney's fees. (Doc. 25).
Plaintiff attached a copy of the fee agreement (Doc. 25-3), 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 petition for attorney's fees (Doc. 25) is hereby GRANTED. Plaintiff is awarded attorney's fees plus the filing fee, for a total amount of $4,599. Payment is authorized to Plaintiff's counsel if the Commissioner determines Plaintiff does not owe a debt to the government.
DONE and ORDERED.