Satornino v. Commissioner of Social Security
Filing
24
ORDER granting 23 Motion for Attorney Fees. Signed by Magistrate Judge Philip R. Lammens on 5/21/2015. (SEJ)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
RICHARD PAUL SATORNINO,
Plaintiff,
v.
Case No: 6:14-cv-1497-Orl-PRL
COMMISSIONER OF SOCIAL
SECURITY
Defendant.
ORDER
This matter is before the Court on Plaintiff’s Unopposed Petition for Attorney Fees. (Doc.
23). Pursuant to the Equal Access to Justice Act (AEAJA@), 28 U.S.C. ' 2412(d), Plaintiff requests
an award of fees in the amount of $3,364.05. The attached schedules of hours confirm the
attorney hours. (Doc. 23, pp. 11-12).
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 April 3, 2015, 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. 21). On May 4, 2015, the Clerk entered
1
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).
Judgment. (Doc. 22). On May 19, 2015, Plaintiff filed his petition for attorney’s fees. (Doc.
23).
Plaintiff attached a copy of the fee agreement (Doc. 23-1), which includes Plaintiff=s
assignment of EAJA fees to his counsel. In light of 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. 23) is hereby GRANTED. Plaintiff is awarded
attorney’s fees in the amount of $3,364.05. 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 May 21, 2015.
Copies furnished to:
Counsel of Record
Unrepresented Parties
-2-
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?