Clontz v. Commissioner of Social Security

Filing 22

ORDER granting 21 Motion for Attorney Fees. Signed by Magistrate Judge Philip R. Lammens on 1/13/2015. (AR)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION
SHANE T. CLONTZ,
Plaintiff,
v.

Case No: 5:14-cv-210-Oc-PRL

COMMISSIONER OF SOCIAL
SECURITY
Defendant.

ORDER
This matter is before the Court on Plaintiff’s Unopposed Petition for Attorney Fees. (Doc.
21). 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 $3,890.27. The attached schedule confirms the attorney hours.
(Doc. 21). 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. (Doc. 21). On November 19,
2014, the Court entered an Order remanding this case to the Commissioner, and judgment was
entered accordingly. (Docs. 19 & 20).
Plaintiff has attached a fee contract (Doc. 21-1), 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. 21) is hereby GRANTED. Plaintiff is awarded
attorney=s fees in the amount of $3,890.27. 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 January 13, 2015.

Copies furnished to:
Counsel of Record
Unrepresented Parties

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