Sanders v. Commissioner of Social Security

Filing 35

ORDER granting 34 Motion for attorney fees. See order for details. Signed by Magistrate Judge Mark A. Pizzo on 5/11/2012. (TJD)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
ARCHIE SANDERS,
Plaintiff,
v.

CASE NO.: 8:09-cv-2257-T-MAP

MICHAEL J. ASTRUE,
Commissioner of Social Security,
Defendant.
_____________________________________/
ORDER
This cause is before the Court on Plaintiff’s petition for attorney’s fees (doc. 34).
Pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d), Plaintiff seeks
attorney’s fees in the amount of $6,339.67.00.

On March 6, 2012, I granted the

Commissioner’s unopposed motion for remand (doc. 32) and on March 7, 2012, judgment
was entered in favor of the Plaintiff (doc. 33). Thus, a final judgment was rendered in this
action and the Plaintiff is the prevailing party. Plaintiff now requests that, “[i]f the United
States Department of the Treasury determines Plaintiff does not owe a federal debt, the
government will accept Plaintiff’s Assignment of EAJA fees and pay fees directly to
Plaintiff’s attorney.”

The Commissioner does not oppose the Plaintiff’s request.

Accordingly, it is hereby
ORDERED:
1.

Plaintiff’s petition for attorney’s fees pursuant to the EAJA (doc. 34) is
granted.

2.

Plaintiff is awarded fees in the amount of $6,339.67.00. The fees shall be

made payable to Plaintiff and delivered to Plaintiff’s counsel unless the
United States Department of the Treasury determines Plaintiff does not owe
a federal debt, in which case the fees shall be made payable to Plaintiff’s
counsel in accordance with Plaintiff’s assignment of EAJA fees.
DONE AND ORDERED at Tampa, Florida on May 11, 2012.

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