Peterson v. Commissioner of Social Security

Filing 24

ORDER adopting 23 REPORT AND RECOMMENDATIONS re 22 Unopposed MOTION for Attorney Fees Pursuant to EAJA filed by Toby Wayne Peterson. The motion is GRANTED to the extent that the Court awards EAJA attorney's fees to Plaintiff, as the prevailing party, in the sum of $1,560.22. Otherwise, the motion is DENIED. Signed by Judge Paul G. Byron on 3/24/2017. (MMW)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

TOBY WAYNE PETERSON,
Plaintiff,
v.

Case No: 6:16-cv-948-Orl-40GJK

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
/
ORDER
This cause is before the Court on Plaintiff's Unopposed Motion for Attorney's Fees
Pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d) (Doc. 22) filed on March
8, 2017. The United States Magistrate Judge has submitted a report recommending that
the motion be granted in part and denied in part.
After an independent de novo review of the record in this matter, and noting that
no objections were timely filed, the Court agrees entirely with the findings of fact and
conclusions of law in the Report and Recommendation.
Therefore, it is ORDERED as follows:
1.

The Report and Recommendation filed March 9, 2017 (Doc. 23), is

ADOPTED and CONFIRMED and made a part of this Order.
2.

The Unopposed Motion for Attorney's Fees Pursuant to the Equal Access

to Justice Act, 28 U.S.C. 2412(d) (Doc. 22) is GRANTED only to the extent that the Court
awards EAJA attorney’s fees to Plaintiff, as the prevailing party, in the sum of $1,560.22.
3.

Otherwise, the Motion is DENIED.

4.

The United States Department of the Treasury may exercise its discretion

to honor Plaintiff’s assignment of benefits if it determines that Plaintiff does not owe a
debt to the Government.
DONE AND ORDERED in Orlando, Florida on March 24, 2017.

Copies furnished to:
Counsel of Record
Unrepresented Parties

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