Spencer v. Commissioner of Social Security

Filing 20

ORDER granting 19 Motion for Attorney Fees pursuant to the Equal Access to Justice Act. Signed by Magistrate Judge Thomas B. Smith on 4/17/2014. (Smith, Thomas)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
ELLEN ANN SPENCER,
Plaintiff,
v.

Case No: 6:13-cv-417-Orl-TBS

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
ORDER
Pending before the Court is Plaintiff’s Uncontested Petition for Attorney’s Fees.
(Doc. 19). On February 21, 2014, the Court entered an Order reversing and remanding
this cause back to the Commissioner of Social Security for further proceedings pursuant
to sentence four of 42 U.S.C. § 405(g). (Doc. 17). On February 24, 2014, the Clerk
entered judgment. (Doc. 18). Plaintiff filed this application for attorney’s fees on April
16, 2014. (Doc. 19). Pursuant to M.D. FLA. R. 3.01(g), counsel for Plaintiff represents
that he has conferred with Defendant’s attorney, who has no objection to the requested
relief.
Plaintiff requests an award of fees in the amount of $3,983.10, and costs in the
amount of $350 pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C.
§2412(d). 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).
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 this proceeding was filed was less than two million dollars.
(Doc. 19 at 2). The schedule of hours attached to her petition confirms her attorney’s
claimed hours. (Doc. 19 at 12-13).
Plaintiff has attached a copy of her assignment of EAJA fees to her counsel.
(Doc. 19-1). In light of the assignment, she requests that payment be made payable to
her and delivered to her 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 her
counsel.
Pursuant to the provisions of the EAJA, the Court GRANTS Plaintiff’s petition for
attorney’s fees (Doc. 23) and awards attorney’s fees in the amount of $3,983.10 in fees
and $350 in costs to be paid out of the judgment fund and to Plaintiff’s counsel if the
Commissioner determines that Plaintiff does not owe a debt to the Government.
DONE and ORDERED in Orlando, Florida on April 17, 2014.

Copies furnished to Counsel of Record

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