Threlkeld v. Commissioner of Social Security

Filing 27

ORDER denying without prejudice 26 Motion for Attorney Fees. Signed by Magistrate Judge Philip R. Lammens on 10/24/2017. (JWM)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION
DANIEL D. THRELKELD,
Plaintiff,
v.

Case No: 5:16-cv-374-Oc-PRL

COMMISSIONER OF SOCIAL
SECURITY
Defendant.

ORDER
This matter is before the Court on Plaintiff’s unopposed Motion for Attorney’s Fees. (Doc.
26). 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 $5,290.10. Unfortunately, Plaintiff’s motion is deficient in the
following ways.
First, Plaintiff’s motion fails to comply with Local Rule 3.01(g). Although counsel recites
that “I conferred by email in Good Faith with Defendant’s Counsel” regarding the motion, the
motion fails to contain the required statement regarding “whether counsel agree on the resolution
of the motion” as required by the Local Rule. Consequently, it is unclear whether Defendant
opposes the relief requested.
Next, Plaintiff has failed to establish the prerequisites for an EAJA award. 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).
Specifically, Plaintiff fails to recite whether his net worth was less than $2 million at the time the
complaint was filed.
Accordingly, upon due consideration, Plaintiff’s motion (Doc. 26) is denied without
prejudice to Plaintiff’s right to file an amended motion for EAJA fees within 10 days of the entry
date of this Order.
DONE and ORDERED in Ocala, Florida on October 24, 2017.

Copies furnished to:
Counsel of Record
Unrepresented Parties

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