Orweller v. Commissioner of Social Security et al

Filing 23

ORDER granting 22 Plaintiff's Petition for Attorney's Fees. Signed by Magistrate Judge Philip R. Lammens on 7/16/2013. (AR)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION
MARGARET SUZANNE ORWELLER,
Plaintiff,
v.

Case No: 5:12-cv-551-Oc-PRL

COMMISSIONER OF SOCIAL
SECURITY and SSA
Defendants.

ORDER
This matter is before the Court on Plaintiff’s petition for attorney’s fees. (Doc. 22).
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 $2,572.80. The attached schedules of hours confirm the attorney
hours. (Doc. 22 at 12-13). 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
proceeding was filed was less than two million dollars.1 On May 21, 2013, 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). (Doc. 20). The next day, the Clerk entered

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).

Judgmen (Doc. 21 On July 13, 2013, Plaintiff filed her petitio for attorn
nt.
1).
P
d
on
ney=s fees. (
(Doc.
22).
Plaintiff attac
ched a copy of the fee agreement (Doc. 22-1), which in
y
e
ncludes Plain
ntiff=s
assignme of EAJA fees to he counsel. In light of the assignm
ent
A
er
ment, Plaint requests (and
tiff
Defendan agrees) that the pay
nt
t
yment shoul be made payable to Plaintiff a
ld
e
o
and delivere to
ed
Plaintiff=s counsel un
nless Plaintiff owes a fe
ederal debt. If the U.S. Departmen of the Treasury
nt
nes
intiff does not owe a federal debt, the govern
n
f
,
nment will accept Plain
ntiff=s
determin that Plai
assignme of EAJA fees and pay fees direct to Plainti ff=s counsel.
ent
y
tly
.
Pursuant to the provisio of the Equal Acces to Justice Act (28 U
t
ons
E
ss
e
U.S.C. '2412
2(d)),
Plaintiff=s petition fo attorney=s fees (Doc. 22) is her
or
s
reby GRAN
NTED. Plai
intiff is awa
arded
attorney=s fees in the amount of $2,572.80. Payment is authorized to Plaintiff counsel i the
e
f
.
s
d
ff=s
if
Commiss
sioner determ
mines Plaintiff does not owe a debt t the govern
to
nment.
DONE and ORDERED in Ocala, Flo
D
O
orida on July 16, 2013.
y

urnished to:
Copies fu
Counsel of Record
Unrepres
sented Partie
es

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