JOHNSON v. COLVIN, 1:14cv149-WS/CAS. (2015)
Court: District Court, N.D. Florida
Number: infdco20150828718
Visitors: 14
Filed: Jul. 28, 2015
Latest Update: Jul. 28, 2015
Summary: REPORT AND RECOMMENDATION CHARLES A. STAMPELOS , Magistrate Judge . Pending is Plaintiff's Application for attorney's fees pursuant to the Equal Access to Justice Act ("EAJA"), 28 U.S.C. 2412 representing attorney fees in the amount of $3,130.79. Doc. 24. Plaintiff states in the Motion that the Defendant is not opposed and points out that the fee should be made payable to Plaintiff. In accordance with Astrue v. Ratliff, 130 S.Ct. 2521 (2010), the EAJA fee should be made payable to Pl
Summary: REPORT AND RECOMMENDATION CHARLES A. STAMPELOS , Magistrate Judge . Pending is Plaintiff's Application for attorney's fees pursuant to the Equal Access to Justice Act ("EAJA"), 28 U.S.C. 2412 representing attorney fees in the amount of $3,130.79. Doc. 24. Plaintiff states in the Motion that the Defendant is not opposed and points out that the fee should be made payable to Plaintiff. In accordance with Astrue v. Ratliff, 130 S.Ct. 2521 (2010), the EAJA fee should be made payable to Pla..
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REPORT AND RECOMMENDATION
CHARLES A. STAMPELOS, Magistrate Judge.
Pending is Plaintiff's Application for attorney's fees pursuant to the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412 representing attorney fees in the amount of $3,130.79. Doc. 24. Plaintiff states in the Motion that the Defendant is not opposed and points out that the fee should be made payable to Plaintiff. In accordance with Astrue v. Ratliff, 130 S.Ct. 2521 (2010), the EAJA fee should be made payable to Plaintiff, not to Plaintiff's attorney.
In light of the above, it is RECOMMENDED that:
Plaintiff's Application for attorney's fees, doc. 24, be GRANTED and the court order that the Commissioner certify and make payment payable to Plaintiff in the amount of $3,130.79 as a reasonable attorney fee and that the payment be delivered to Plaintiff's counsel, unless Plaintiff owes a federal debt. If the United States Department of the Treasury determines that Plaintiff does not owe a federal debt, the Government shall accept Plaintiff's assignment of EAJA Fees and pay fees directly to Plaintiff's counsel.
Source: Leagle
