Myers et al v. Commissioner of Social Security

Filing 27

ORDER granting in part and denying in part 24 Motion for attorney fees. See order for details. Signed by Magistrate Judge Mark A. Pizzo on 5/31/2012. (TJD)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
BARBARA MYERS,
Plaintiff,
v.

CASE NO.: 8:11-cv-00173-T-MAP

MICHAEL J. ASTRUE,
Commissioner of Social Security,
Defendant.
_____________________________________/
ORDER
This cause is before the Court on Plaintiff’s unopposed motion for attorney’s fees
(doc. 24). Pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d),
Plaintiff seeks attorney’s fees in the amount of $1,812.09. On February 23, 2012, I ordered
the Commissioner’s decision be reversed and the case remanded for further administrative
review (doc. 22) and on the same day, February 23, 2012, judgment was entered in favor of
the Plaintiff (doc. 23). Thus, a final judgment was rendered in this action and the Plaintiff
is the prevailing party. Plaintiff now requests that if the United States Department of the
Treasury determines that Plaintiff does not owe a federal debt, Plaintiff’s assignment of the
EAJA fees be recognized and paid directly to Plaintiff’s counsel pursuant to a purported
attached assignment. No such assignment is attached and counsel has not responded to the
court’s inquiry. Accordingly, it is hereby
ORDERED:
1.

Plaintiff’s petition for attorney’s fees pursuant to the EAJA (doc. 24) is
granted to the extent that the attorney’s fees are to be paid directly to

Plaintiff.
3.

In all other respects, the motion is denied.

DONE AND ORDERED at Tampa, Florida on May 31, 2012.

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