Burch v. Commissioner of Social Security

Filing 43

ORDER granting 39 Motion for Attorney Fees. See Order for further details. Signed by Magistrate Judge Anthony E. Porcelli on 2/16/2021. (TAM)

Case 8:14-cv-01802-AEP Document 43 Filed 02/16/21 Page 1 of 2 PageID 207

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
ERIK BURCH,
Plaintiff,
v.

Case No. 8:14-cv-1802-T-17-AEP

ANDREW M. SAUL,
Commissioner of Social Security,
Defendant.

/
ORDER

This cause comes before the Court on Plaintiff’s Motion for Attorney Fees (Doc. 39).
By the motion, Plaintiff seeks attorney’s fees in the amount of $4,100.00 pursuant to the Equal
Access to Justice Act (“EAJA”), 28 U.S.C. § 2412. On October 27, 2020, this Court entered
an Order granting Plaintiff’s Motion for Judgment as a Matter of Law and directed the Clerk to
reopen the case and enter judgment in favor of Plaintiff (Doc. 37). Thereafter, the Clerk entered
judgment in favor of Plaintiff (Doc. 38). As the prevailing party, Plaintiff now requests an
award of attorney’s fees. See 28 U.S.C. § 2412(d)(1)(A); cf. Shalala v. Schaefer, 509 U.S. 292,
300-02 (1993) (concluding that a party who wins a sentence-four remand order under 42 U.S.C.
§ 405(g) is a prevailing party).
The Commissioner does not oppose the requested relief (Doc. 42). After issuance of an
order awarding EAJA fees, however, the United States Department of the Treasury will
determine whether Plaintiff owes a debt to the government. If Plaintiff has no discernable
federal debt, the government will accept Plaintiff’s assignment of EAJA fees and pay the fees
directly to Plaintiff’s counsel. For the reasons set out in Plaintiff’s motion, therefore, it is hereby
ORDERED:

Case 8:14-cv-01802-AEP Document 43 Filed 02/16/21 Page 2 of 2 PageID 208

1. Plaintiff’s Unopposed Motion for Attorney Fees (Doc. 39) is GRANTED.
2. Plaintiff is awarded fees in the amount of $4,100.00. Unless the Department of
Treasury determines that Plaintiff owes a federal debt, the government must pay the fees to
Plaintiff’s counsel in accordance with Plaintiff’s assignment of fees (Doc. 39-1).
DONE AND ORDERED in Tampa, Florida, on this 16th day of February, 2021.

cc:

Counsel of Record

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