Cronin v. Commissioner of Social Security

Filing 26

ORDER granting 25 Motion for Attorney Fees. Plaintiff is awarded attorney's fees plus the filing fee, for a total amount of $4,599. Signed by Magistrate Judge Philip R. Lammens on 7/22/2015. (SEJ)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION
MICHAEL J. CRONIN,
Plaintiff,
v.

Case No: 5:14-cv-167-Oc-PRL

COMMISSIONER OF SOCIAL
SECURITY
Defendant.

ORDER
This matter is before the Court on Plaintiff’s Consent Petition 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 $4,199, plus $400 for the filing fee. The attached schedules of
hours confirm the attorney hours. (Doc. 25-2). Plaintiff represents that the Commissioner has
no objection to his petition.
Plaintiff asserts that he is the prevailing party in this litigation, that the Commissioner=s
position in the underlying action was not substantially justified and that his net worth at the time
proceeding was filed was less than two million dollars.1 On April 16, 2015, 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). On April 21, 2015, 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).

Judgment. (Doc. 24). On July 20, 2015, Plaintiff filed his petition for attorney=s fees. (Doc.
25).
Plaintiff attached a copy of the fee agreement (Doc. 25-3), which includes Plaintiff=s
assignment of EAJA fees to his 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. 25) is hereby GRANTED. Plaintiff is awarded
attorney=s fees plus the filing fee, for a total amount of $4,599. 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 22, 2015.

Copies furnished to:
Counsel of Record
Unrepresented Parties

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