Sellers v. Commissioner of Social Security

Filing 29

ORDER granting 27 Plaintiff's Consent Petition for Attorney Fees. Signed by Magistrate Judge Philip R. Lammens on 8/23/2012. (AR)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION
DONNA MARIE SELLERS,
Plaintiff,
v.

Case No:5:11-CV-517-Oc-PRL

COMMISSIONER OF SOCIAL
SECURITY
Defendant.
___________________________________/
ORDER
Pending before the Court is Plaintiff=s Consent Petition for Attorney Fees. (Doc.
27). Pursuant to the Equal Access to Justice Act (AEAJA@), 28 U.S.C. '2412(d), Plaintiff
requests an award of fees in the amount of $4,709.67.

The attached schedules of

hours confirm the attorney hours. (Docs. 27-2, 27-3).

Plaintiff represents that the

Commissioner has no objection to her Petition.
Plaintiff asserts that she is the prevailing party in this litigation, that the
Commissioner=s position in the underlying action was not substantially justified and that
her net worth at the time the proceeding was filed was less than two million dollars.1 On
June 6, 2012, 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. '

1

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).

405(g). (Doc. 25.) The same day, the Clerk entered Judgment. (Doc. 26.) On August
22, 2012, Plaintiff filed the instant Petition.
Plaintiff attached a copy of the fee agreement, which includes Plaintiff=s
assignment of EAJA fees to her counsel. (Doc. 27-1).

In light of the assignment,

Plaintiff requests 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 Consent Petition for Attorney Fees. (Doc. 27) is hereby GRANTED.
Plaintiff is awarded attorney=s fees in the amount of $4,709.67. Payment is authorized to
Plaintiff=s counsel if the Commissioner determines Plaintiff does not owe a debt to the
government.
DONE and ORDERED in Ocala, Florida on August 23, 2012.

Copies furnished to:
Counsel of Record
Unrepresented Parties

2