McClendon v. Commissioner of Social Security et al

Filing 30

ORDER adopting 29 --REPORT AND RECOMMENDATIONS; granting in part 27 --motion for attorney's fee; directing the clerk to ENTER A JUDGMENT for McClendon and against the Commissioner for $12,285.75 in attorney's fees; instructing the defendant concerning disposition of the EAJA award. Signed by Judge Steven D. Merryday on 1/12/2017. (BK)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
TANYA MCCLENDON,
Plaintiff,
v.

CASE NO. 8:14-cv-1651-T-23TBM

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
____________________________________/

ORDER
A December 22, 2016 report (Doc. 29) recommends granting in part Tanya
McClendon’s motion (Doc. 27) for an attorney’s fee. More than fourteen days has
passed, and no party objects. Accordingly, the report and recommendation (Doc. 29)
is ADOPTED. The motion (Doc. 27) is GRANTED IN PART. The clerk is
directed to enter a judgment for McClendon and against the Commissioner of Social
Security for $12,285.75 in an attorney’s fee. The defendant must (1) deduct the
earlier Equal Access to Justice Act (EAJA) fee award of $6,316.80 from the
$12,285.75 or (2) accept the full sum and refund the smaller EAJA award to the
plaintiff. (Doc. 29 at 7)
ORDERED in Tampa, Florida, on January 12, 2017.