Campeau v. Commissioner of Social Security
ORDER granting 41 Motion for Attorney Fees. Signed by Magistrate Judge Thomas B. Smith on 7/21/2016. (JMP)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
SYLVIE HOULE CAMPEAU,
Case No: 6:13-cv-899-Orl-TBS
COMMISSIONER OF SOCIAL
This matter is before the Court on Plaintiff’s Uncontested Motion for Attorney’s
Fees (Doc. 41). On December 24, 2013, the Court entered an Order remanding this case
pursuant to sentence six of 42 U.S.C. § 405(g) (Doc. 15). The Commissioner moved to
reopen the case in December 2015 after the proceedings on remand were completed
(Doc. 23). Then, on May 24, 2016, the Commissioner moved to remand the case
pursuant to sentence four of 42 U.S.C. § 405(g) (Doc. 37). The Court granted the motion
(Doc. 39), and judgment was entered on June 13, 2016 (Doc. 40). Now, Plaintiff requests
an award of attorney’s fees in the amount of $9,078.81 under the Equal Access to Justice
Act (“EAJA”), 28 U.S.C. § 2412(d), and an award of costs in the amount of $400.00 (Doc.
41). Defendant does not object to the motion (Id., at 4).
Under the EAJA, a party is eligible for an award of attorney’s fees where: (1) the
party is a prevailing party in a non-tort suit involving the United States; (2) the
Government’s position was not substantially justified; (3) the party filed a timely
1 The parties consented to proceed in front of the magistrate judge and on December 8, 2015, the
district judge entered an Order referring the case to the magistrate to conduct all proceedings, including the
entry of judgment (Doc. 28).
application for attorney’s fees; (4) the party had a net worth of less than $2 million when
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,
the Commissioner’s position in the underlying action was not substantially justified, and
that her net worth when the action was filed was less than $2 million (Doc. Id., at 2). The
schedules of attorneys’ billable hours attached to the motion confirms the time claimed by
counsel (Id. at 14-18).
Plaintiff has attached a copy of her assignment of EAJA fees to her attorney,
Richard A. Culbertson (Doc. 41-1). In light of the assignment, Plaintiff requests that
payment be made payable to her and delivered to Mr. Culbertson unless she owes a
federal debt (Doc. 41 at 3-4). 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 Mr. Culbertson (Id. at 3-4, 12-13).
Upon due consideration, Plaintiff’s motion is GRANTED and she is awarded
attorney’s fees in the amount of $9,078.81 made payable to Plaintiff and delivered to
Richard A. Culbertson, if the Commissioner determines that Plaintiff does not owe a debt
to the Government. Plaintiff is also awarded $400.00 in costs that is payable from the
DONE and ORDERED in Orlando, Florida on July 21, 2016.
Copies furnished to Counsel of Record
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