Roland v. Commissioner of Social Security

Filing 24

ORDER granting 23 Motion for Attorney Fees. Signed by Magistrate Judge Thomas B. Smith on 10/30/2015. (JMP)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
RICHARD THOMAS ROLAND, JR.,
Plaintiff,
v.

Case No: 6:14-cv-525-Orl-TBS

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
ORDER
This matter is before the Court on Plaintiff’s Unopposed Motion for Attorney’s Fees
Pursuant to the Equal Access to Justice Act (Doc. 23). On August 4, 2015, the Court
entered an order reversing the Commissioner’s final decision and remanding the case for
further proceedings pursuant to sentence four of 42 U.S.C. § 405(g) (Doc. 21). The
Clerk entered judgment the following day (Doc. 22).
Plaintiff requests an award of attorney fees in the amount of $4,338.84 under the
Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d). Under the EAJA, a party is
eligible for an award of attorney’s fees where: (1) the party is a prevailing party in a nontort suit involving the United States; (2) the Government’s position was not substantially
justified; (3) the party filed a timely application for attorney’s fees; (4) the party 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 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 this action as filing was less than $2 million (Doc. 23, pp. 1-2). The schedule of
hours attached to the petition confirms the attorney’s claimed hours (Doc. 23-3).
Plaintiff has attached a copy of his assignment of EAJA fees to Law Offices – Harry
J. Binder and Charles E. Binder, P.C. (Doc. 23-4). In light of the assignment, Plaintiff
requests that the payment should be made payable to Plaintiff and delivered to Plaintiff’s
counsel unless Plaintiff owes a federal debt (Doc. 23, p 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 Plaintiff’s counsel (Id.).
Upon due consideration, Plaintiff’s motion is GRANTED and Plaintiff is awarded
attorney fees in the amount of $4,338.84 made payable to Plaintiff and delivered to Law
Offices – Harry J. Binder and Charles E. Binder, P.C., if the Commissioner determines
Plaintiff does not owe a debt to the government.
DONE and ORDERED in Orlando, Florida on October 30, 2015.

Copies furnished to Counsel of Record

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