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Mayes v. Berryhill, 8:16-cv-3249-T-AAS. (2018)

Court: District Court, M.D. Florida Number: infdco20180622b21 Visitors: 23
Filed: Jun. 21, 2018
Latest Update: Jun. 21, 2018
Summary: ORDER AMANDA ARNOLD SANSONE , Magistrate Judge . Lemeko L. Mayes moves for an award of attorney's fees in the amount of $6,130.87, pursuant to the Equal Access to Justice Act ("EAJA"), 28 U.S.C. 2412. (Doc. 18). The Commissioner does not oppose the requested relief. (Doc. 18-6). The court entered an order reversing and remanding this case under sentence four of 42 U.S.C. 405(g) to the Commissioner for further administrative proceedings. (Doc. 16). The Clerk entered judgment in favor o
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ORDER

Lemeko L. Mayes moves for an award of attorney's fees in the amount of $6,130.87, pursuant to the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412. (Doc. 18). The Commissioner does not oppose the requested relief. (Doc. 18-6).

The court entered an order reversing and remanding this case under sentence four of 42 U.S.C. § 405(g) to the Commissioner for further administrative proceedings. (Doc. 16). The Clerk entered judgment in favor of Ms. Mayes thereafter. (Doc. 17). As the prevailing party, Ms. Mayes now requests an award of attorney's fees. See 28 U.S.C. § 2412(a)(1) & (d)(1)(A).

After issuance of an order awarding EAJA fees, however, the United States Department of the Treasury will determine whether Ms. Mayes owes a debt to the government. If Ms. Mayes has no discernable federal debt, the government will accept Ms. Mayes' assignment of EAJA fees and pay the fees directly to counsel. (Doc. 18-5).

For the reasons set out in Ms. Mayes' motion, it is ORDERED that Ms. Mayes' Unopposed Motion for Attorney's Fees (Doc. 18) is GRANTED. Ms. Mayes is awarded attorney's fees in the amount of $6,130.87, pursuant to the EAJA.

FootNotes


1. Between the filing of this suit and the entry of this Order, Nancy A. Berryhill replaced Carolyn W. Colvin as acting Commissioner. As such, Ms. Berryhill is "automatically substituted as a party." Fed. R. Civ. P. 25(d).
Source:  Leagle

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