Shaffer v. Commissioner of Social Security et al

Filing 20

ORDER granting 19 Motion for Attorney Fees. Signed by Magistrate Judge Philip R. Lammens on 10/19/2015. (JWM)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION
SUSAN MAE SHAFFER,
Plaintiff,
v.

Case No: 5:14-cv-224-Oc-PRL

COMMISSIONER OF SOCIAL
SECURITY
Defendant.

ORDER
This matter is before the Court on Plaintiff’s unopposed Motion for Attorney Fees. (Doc.
19). Pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. §2412(d), Plaintiff requests
an award of fees in the amount of $4,294.68, plus the cost of the filing fee in the amount of $400.00.
The incorporated schedule of hours confirms the attorney hours. (Doc. 19). Plaintiff represents
that the Commissioner has no objection to the motion.
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
the proceeding was filed was less than two million dollars.1 On September 23, 2015, the Court
entered an Order reversing and remanding this cause 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).

proceedings pursuant to sentence four of 42 U.S.C. § 405(g). (Doc. 17). The Clerk entered
Judgment accordingly. (Doc. 18).
Plaintiff has attached Plaintiff’s assignment of EAJA fees to counsel. (Doc. 19-1). 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. 19) is hereby GRANTED. Plaintiff is awarded
attorney’s fees in the amount of $4,294.68, and costs in the amount of $400.

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 October 18, 2015.

Copies furnished to:
Counsel of Record
Unrepresented Parties

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