Filed: Dec. 10, 2019
Latest Update: Dec. 10, 2019
Summary: ORDER ANTHONY E. PORCELLI , District Judge . This cause comes before the Court on Plaintiff's Uncontested Petition for EAJA Fees Pursuant to 28 U.S.C. [2412](d) (Doc. 31). By the motion, Plaintiff seeks attorney's fees in the amount of $8,068.49 pursuant to the Equal Access to Justice Act ("EAJA"), 28 U.S.C. 2412. On October 8, 2019, this Court entered an Order granting the Unopposed Amended Motion for Entry of Judgment with Remand (Doc. 28), reversing and remanding the case to the Com
Summary: ORDER ANTHONY E. PORCELLI , District Judge . This cause comes before the Court on Plaintiff's Uncontested Petition for EAJA Fees Pursuant to 28 U.S.C. [2412](d) (Doc. 31). By the motion, Plaintiff seeks attorney's fees in the amount of $8,068.49 pursuant to the Equal Access to Justice Act ("EAJA"), 28 U.S.C. 2412. On October 8, 2019, this Court entered an Order granting the Unopposed Amended Motion for Entry of Judgment with Remand (Doc. 28), reversing and remanding the case to the Comm..
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ORDER
ANTHONY E. PORCELLI, District Judge.
This cause comes before the Court on Plaintiff's Uncontested Petition for EAJA Fees Pursuant to 28 U.S.C. § [2412](d) (Doc. 31). By the motion, Plaintiff seeks attorney's fees in the amount of $8,068.49 pursuant to the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412. On October 8, 2019, this Court entered an Order granting the Unopposed Amended Motion for Entry of Judgment with Remand (Doc. 28), reversing and remanding the case to the Commissioner for further administrative proceedings (Doc. 29). The Clerk entered judgment in favor of Plaintiff thereafter (Doc. 30). Accordingly, as the prevailing party, Plaintiff now requests an award of fees. See 28 U.S.C. § 2412(d)(1)(A); cf. Shalala v. Schaefer, 509 U.S. 292, 300-02 (1993) (concluding that a party who wins a sentence-four remand order under 42 U.S.C. § 405(g) is a prevailing party).
The Commissioner does not oppose the requested relief. After issuance of an order awarding EAJA fees, however, the United States Department of the Treasury will determine whether Plaintiff owes a debt to the government. If Plaintiff has no discernable federal debt, the government will accept Plaintiff's assignment of EAJA fees and pay the fees directly to Plaintiff's counsel. For the reasons set out in Plaintiff's motion, therefore, it is hereby
ORDERED:
1. Plaintiff's Uncontested Petition for EAJA Fees Pursuant to 28 U.S.C. § [2412](d) (Doc. 31) is GRANTED.
2. Plaintiff is awarded fees in the amount of $8,068.49. Unless the Department of Treasury determines that Plaintiff owes a federal debt, the government must pay the fees to Plaintiff's counsel in accordance with Plaintiff's assignment of fees (Doc. 31, Ex. A).
DONE and ORDERED.
