Hunter v. Commissioner of Social Security et al

Filing 31

ORDER granting 30 Motion for Attorney Fees. Signed by Magistrate Judge Philip R. Lammens on 3/2/2015. (JWM)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION
KEVIN D. HUNTER,
Plaintiff,
v.

Case No: 5:13-cv-422-Oc-PRL

COMMISSIONER OF SOCIAL
SECURITY
Defendant.

ORDER
This matter is before the Court on Plaintiff’s unopposed Motion for Attorney Fees. (Doc.
30). Pursuant to the Equal Access to Justice Act (AEAJA@), 28 U.S.C. '2412(d), Plaintiff requests
an award of fees and costs in the amount of $7,429.61. The attached exhibits confirm the attorney
hours. (Doc. 30, Exh. 1-4). Plaintiff represents that the Commissioner has agreed to an award
of attorney fees.
Plaintiff asserts that he is the prevailing party in this litigation, and that the Commissioner=s
position in the underlying action was not substantially justified. On December 11, 2014, the Court
entered an Order reversing and remanding this action to the Commissioner for a calculation of
benefits. (Doc. 28). The Clerk entered Judgment accordingly. (Doc. 29).
Plaintiff has attached his affidavit (Doc. 30-1), which includes Plaintiff=s assignment of
EAJA fees to counsel. In light of the assignment, Plaintiff requests (and Defendant agrees) that
the payment should be made payable to Plaintiff and delivered to Plaintiff=s counsel unless Plaintiff
owes a federal debt. If the U.S. Department of the Treasury determines that Plaintiff does not

owe a federal debt, the government will accept Plaintiff=s assignment of EAJA fees and pay fees
directly to Plaintiff=s counsel.
Pursuant to the provisions of the Equal Access to Justice Act (28 U.S.C. '2412(d)),
Plaintiff=s petition for attorney=s fees (Doc. 30) is hereby GRANTED. Plaintiff is awarded
attorney=s fees and costs in the amount of $7,429.62. Payment is authorized to Plaintiff=s counsel
if the Commissioner determines Plaintiff does not owe a debt to the government.
DONE and ORDERED in Ocala, Florida on March 2, 2015.

Copies furnished to:
Counsel of Record
Unrepresented Parties

-2-