Boussoulas v. Commissioner of Social Security

Filing 21

ORDER granting 20 Motion for Attorney Fees. Signed by Magistrate Judge Philip R. Lammens on 1/31/2014. (JWM)

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

Case No: 5:13-cv-198-Oc-18PRL

COMMISSIONER OF SOCIAL
SECURITY
Defendant.

ORDER
This matter is before the Court on Plaintiff’s Unopposed Petition for Attorney Fees.
(Doc. 20). 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 $4,758.91. The attached schedule of hours confirm
the attorney hours. (Doc. 20-2). 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 November 18, 2013, the Court
entered an Order reversing and remanding this case back to the Commissioner for further

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).

proceedin pursuan to sentenc four of 42 U.S.C. ' 405(g). (D
ngs
nt
ce
Doc. 18). The Clerk en
ntered
Judgmen (Doc. 19)
nt.
).
Plaintiff’s mo
otion for fee is unopposed, and the parties hav agreed tha the payme of
es
e
ve
at
ent
fees shou be made payable to Plaintiff and delivered to Plaintiff=s counsel unle Plaintiff owes
uld
P
d
o
ess
a federal debt. If the U.S. Depa
e
artment of th Treasury determines that Plaintif does not o a
he
ff
owe
federal debt, the go
d
overnment will accept Plaintiff=s a
w
P
assignment o EAJA fe and pay fees
of
ees
y
directly to Plaintiff=s counsel.
t
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. 20) is her
or
s
reby GRAN
NTED. Plai
intiff is awa
arded
attorney=s fees in the amount of $4,758.91. Payment i authorized to Plaintif counsel i the
e
f
is
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 Jan
nuary 29, 201
14.

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

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