Washington v. Commissioner of Social Security

Filing 27

ORDER granting 26 Motion for Attorney Fees. Signed by Magistrate Judge Thomas B. Smith on 8/11/2016. (JMP)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
ANNETTE WASHINGTON,
Plaintiff,
v.

Case No: 6:15-cv-291-Orl-TBS

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
ORDER
This matter is before the Court on Plaintiff’s Unopposed Motion for Award of
Attorney Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d)
(Doc. 26). On May 20, 2016, 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. 24). The Clerk entered judgment the following day (Doc. 25).
Plaintiff requests an award of attorney’s fees in the amount of $5,480.01 under the
Equal Access to Justice Act (“EAJA”). EAJA provides that 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 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 in this litigation, that 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. 26 at 1-2). The schedule of counsel’s billable hours attached to the

motion confirms Plaintiff’s attorney’s claimed hours (Doc. 26-2 at 3-4). The Commissioner
does not oppose the motion (Doc. 26 at 2).
Plaintiff has attached a copy of her assignment of EAJA fees to her attorney, Shea
A. Fugate (Doc. 26-3). In light of the assignment, Plaintiff requests that payment be made
payable to her and delivered to Ms. Fugate unless she owes a federal debt (Doc. 26 at 2).
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 Ms. Fugate (Id.).
Upon due consideration, Plaintiff’s motion is GRANTED and Plaintiff is awarded
attorney’s fees in the amount of $5,480.01 made payable to Plaintiff and delivered to
Shea A. Fugate, if the Commissioner determines that Plaintiff does not owe a debt to the
government.
DONE and ORDERED in Orlando, Florida on August 11, 2016.

Copies furnished to Counsel of Record

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