Johnson v. Commissioner of Social Security
ORDER granting 21 Plaintiff's consent petition for attorney's fees pursuant to the EAJA. Signed by Magistrate Judge Philip R. Lammens on 4/27/2021. (AR)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
MATTHEW R. JOHNSON,
Case No: 5:19-cv-563-PRL
COMMISSIONER OF SOCIAL
This matter is before the Court on Plaintiff’s Consent Petition for Attorney’s Fees.
(Doc. 21). 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 $3,036.13. The attached schedules of hours confirm
the attorney hours. (Doc. 21 at 12-14). 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 February 11, 2021, 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. 19). On February 16, 2021,
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).
the Clerk entered Judgment. (Doc. 20). On April 23, 2021, Plaintiff filed his petition for
attorney’s fees. (Doc. 21).
Plaintiff attached a copy of the fee agreement (Doc. 21-1), which includes Plaintiff’s
assignment of EAJA fees to his counsel. Based on 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 $3,036.13. 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 April 27, 2021.
Copies furnished to:
Counsel of Record
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