Wolf v. Commissioner of Social Security

Filing 26

ORDER granting 25 Motion for Attorney Fees. Signed by Magistrate Judge Philip R. Lammens on 7/23/2014. (JWM)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION
PAUL WOLF,
Plaintiff,
v.

Case No: 5:13-cv-524-Oc-PRL

COMMISSIONER OF SOCIAL
SECURITY
Defendant.

ORDER
This case is before the Court on Plaintiff’s Consent Motion for Attorney Fees. (Doc. 25).
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 $4,077.03. The attached schedules of hours confirm the attorney
hours. (Doc. 25-1, 25-2). Plaintiff represents that the Commissioner has no objection to the
petition.
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 April 21, 2014, 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. 23). The Clerk entered
Judgment accordingly. (Doc. 24).
Also attached to the motion is Plaintiff=s assignment of EAJA fees to counsel. (Doc. 223). 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. 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. 25) is hereby GRANTED. Plaintiff is awarded
attorney=s fees in the amount of $4,077.03. 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 July 23, 2014.

Copies furnished to:
Counsel of Record
Unrepresented Parties

-2-