Bowman v. Commissioner of Social Security

Filing 30

ORDER adopting 29 REPORT AND RECOMMENDATIONS and granting in part 24 MOTION for Attorney Fees Pursuant to 28 U.S.C. 2312(d) filed by Eric Bowman. Signed by Judge Gregory A. Presnell on 10/22/2014. (TKW)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION ERIC BOWMAN, Plaintiff, v. Case No: 6:13-cv-614-Orl-31TBS COMMISSIONER OF SOCIAL SECURITY, Defendant. ORDER This cause comes before the Court on Plaintiff's Petition for EAJA Fees Pursuant to 28 U.S.C. 2312(d) (Doc. No. 24) filed September 4, 2014. On October 1, 2014, the United States Magistrate Judge issued a report (Doc. No. 29) recommending that the motion be granted in part and denied in part. No objections have been filed. Therefore, it is ORDERED as follows: 1. The Report and Recommendation is CONFIRMED and ADOPTED as part of this Order. 2. The Plaintiff's Petition for EAJA Fees Pursuant to 28 U.S.C. 2312(d) is GRANTED IN PART AND DENIED IN PART. 3. Fees shall be awarded as follows: Carol Avard 2013--26.6 hours at $187.25 = $4,980.85 2014–.8 hours at $191.25 = 153.00 Sub-Total: $5,133.85 Mark Zakhvatayev 2013–4.6 hours at $187.25 = 861.35 2014–2.3 hours at $191.25 = 439.88 Sub-Total: $1,301.23 Paralegal--0 Total Attorney Fee: $6,435.08 4. The Commissioner shall determine whether Plaintiff owes a debt to the government. If Plaintiff does not owe any such debt, the Commissioner will accept Plaintiff’s Assignment of EAJA fees and will pay the fees directly to Plaintiff’s counsel. DONE and ORDERED in Chambers, Orlando, Florida on October 22, 2014.   Copies furnished to: United States Magistrate Judge Counsel of Record Unrepresented Party -2-

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