Mendez v. Commissioner of Social Security

Filing 26

ORDER granting 25 Motion for Attorney Fees. Signed by Magistrate Judge Amanda Arnold Sansone on 10/18/2016. (BEE)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

MARIA MENDEZ,
Plaintiff,
v.

Case No. 8:15-cv-1519-T-AAS

CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
Defendant.
/
ORDER
This cause comes before the Court on Plaintiff’s Petition for Attorney Fees (Doc. 25).
By the motion, Plaintiff seeks attorney’s fees in the amount of $4,738.37 pursuant to the Equal
Access to Justice Act (“EAJA”), 28 U.S.C. § 2412. On July 25, 2016, this Court entered an
Order reversing and remanding the case under sentence four of 42 U.S.C. § 405(g) to the
Commissioner for further administrative proceedings (Doc. 23). The Clerk entered judgment
in favor of Plaintiff thereafter (Doc. 24). Accordingly, as the prevailing party, Plaintiff now
requests an award of fees. See 28 U.S.C. § 2412(a)(1) & (d)(1)(A).
The Commissioner does not oppose the requested relief (Doc. 25). 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:
1. Plaintiff’s Petition for Attorney Fees (Doc. 26) is GRANTED.

2. Plaintiff is awarded fees in the amount of $4,738.37. 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.
DONE AND ORDERED in Tampa, Florida, on this 18th day of October, 2016.

cc: Counsel of Record

2