Hopper v. Commissioner of Social Security

Filing 37

ORDER granting 36 Motion for EAJA attorney fees. Signed by Magistrate Judge Thomas B. Smith on 7/5/2012. (Smith, Thomas)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION
WILLIAM HOPPER,
Plaintiff,
v.

Case No. 5:11-cv-236-Oc-TBS

COMMISSIONER OF SOCIAL SECURITY,
Defendant.
______________________________________
ORDER1
Pending before the Court is Plaintiff’s Petition for Attorney’s Fees. (Doc. 36).
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 $3,819.47. The schedule of hours
attached to the petition confirms the attorney’s claimed hours. (Doc. 36-1). Pursuant to
M.D. FLA. R. 3.01(g), counsel for Plaintiff represents that Defendant’s attorney has been
contacted and has no objection to the requested relief. (Doc. 36 at 5).
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 this proceeding was filed was less than two million dollars.2
(Id. at 1-2). On March 29, 2012, the Court entered an Order reversing and remanding
this cause back to the Commissioner for further proceedings pursuant to sentence four
1

On August 11, 2011, both parties consented to the exercise of jurisdiction by a magistrate judge in
this case. (Doc. 14). Accordingly, the case was referred to the undersigned by an Order of Reference on
August 16, 2011. (Doc. 17).
2

Under the EAJA, a claimant is eligible for an attorney fee award where: (1) the claimant is a
prevailing party in a non-tort suit involving the United States; (2) the Government’s position was not
substantially justified; (3) the claimant filed a timely application for attorney’s fees; (4) the claimant had a net
worth of less than $2 million at the time the complaint was filed; and (5) there are no special circumstances
which would make the award of fees unjust. 28 U.S.C. § 2412(d).

of 42 U.S.C. § 405(g). (Doc. 34). On April 11, 2012, the Clerk entered Judgment.
(Doc. 35). Plaintiff filed this application for attorney’s fees on June 19, 2012. (Doc. 36).
Plaintiff has attached a copy of his assignment of EAJA fees to his counsel.
(Doc. 36-2). 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. 36) is hereby GRANTED. Plaintiff
is awarded attorney’s fees in the amount of $3,819.47 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.
IT IS SO ORDERED.
DONE AND ORDERED in Ocala, Florida, on July 5, 2012.

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