Adams v. Commissioner of Social Security

Filing 24

ORDER granting 23 Plaintiff's Uncontested Petition for Attorney's Fees. Signed by Magistrate Judge Philip R. Lammens on 10/2/2012. (JLS)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION
RANDAL WAYNE ADAMS,
Plaintiff,
v.

Case No: 5:12-CV-84-Oc-PRL

COMMISSIONER OF SOCIAL
SECURITY
Defendant.
ORDER
Pending before the Court is Plaintiff’s Uncontested Petition for Attorney’s Fees.
(Doc. 23.) 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 $4,175.21. The schedule of hours
submitted by Plaintiff confirms the attorney hours. (Doc. 23.) Plaintiff represents that
the Commissioner has no objection to his Petition.
Plaintiff asserts that he is the prevailing party in this litigation, that the
Commissioner’s position in the underlying action and this litigation was not substantially
justified, and that his net worth at the time the proceeding was filed was less than two
million dollars.1 On September 17, 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. 405(g).

1

(Doc. 19.)

The same day, the Clerk entered

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).

Judgment. (Doc. 19.) On Se
1
eptember 21, 2012, P
2
Plaintiff filed the instan Petition (
d
nt
(Doc.
23).
Plaintiff atta
P
ached a copy of th fee ag reement, w
c
he
which includes Plain
ntiff’s
assignm
ment of EAJ fees to his counse In light of the assi
JA
el.
ignment, P
Plaintiff requ
uests
that the payment should be made payab to Plaint and deliv
m
ble
tiff
vered to Plaintiff’s cou
unsel
unless Plaintiff owe a federa debt. If th U.S. De
P
es
al
he
epartment o the Treas
of
sury determ
mines
that Pla
aintiff does not owe a federal debt, the government will ac
s
e
ccept Plain
ntiff’s
assignm
ment of EAJA fees and pay fees directly to P
d
Plaintiff’s counsel.
Pursuant to the prov
P
o
vision of the EAJA (28 U.S.C § 2412
t
C.
2(d)), Plain
ntiff’s
Unconte
ested Petitio (Doc. 23 is GRAN
on
3)
NTED. Plaintiff is awarded attorn
ney’s fees in the
n
amount of $4,175.2
21. Payme is autho
ent
orized to Pllaintiff’s cou
unsel if the Commissi
e
ioner
determin Plaintiff does not owe a debt to the gove
nes
f
o
ernment.
IT IS SO OR
T
RDERED.
DONE and ORDERED in Ocala, Florida on O
D
O
D
F
October 2, 2012.

Copies to:
t
All Counsel
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