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)

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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 -2-

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