McClean v. Commissioner of Social Security

Filing 28

ORDER granting 26 Plaintiff's Motion for Attorney Fees. Signed by Magistrate Judge Philip R. Lammens on 7/14/2014. (AR)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION
LUCY C. MCCLEAN,
Plaintiff,
v.

Case No: 5:11-cv-665-Oc-PRL

COMMISSIONER OF SOCIAL
SECURITY
Defendant.

ORDER
This matter is before the Court on Plaintiff’s motion for attorney’s fees. (Doc. 26).
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 $1,351.92. The attached schedule of hours confirms the attorney
time. (Doc. 26-2). The Commissioner has no objection to Plaintiff’s motion. (Doc. 27).
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
proceeding was filed was less than two million dollars.1 On April 8, 2014, the Court entered an
Order affirming the fully favorable decision of the Commissioner issued subsequent to the remand
ordered by this Court. (Doc. 24). The next day, the Clerk entered Judgment. (Doc. 25). On
July 7, 2014, Plaintiff filed her motion for attorney’s fees. (Doc. 26).

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).

Pursuant to the provisions of the Equal Access to Justice Act (28 U.S.C. '2412(d)),
Plaintiff=s motion (Doc. 26) is GRANTED. Plaintiff is awarded attorney=s fees in the amount of
$1,351.92.
DONE and ORDERED in Ocala, Florida on July 14, 2014.

Copies furnished to:
Counsel of Record
Unrepresented Parties

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