Mistretta v. Commissioner of Social Security
Filing
29
ORDER granting 28 Motion for Attorney Fees. Signed by Magistrate Judge Amanda Arnold Sansone on 6/6/2017. (BEE)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
LISA MISTRETTA,
Plaintiff,
v.
Case No. 8:15-cv-2275-T-AAS
NANCY BERRYHILL,
Acting Commissioner of Social Security,
Defendant.
/
ORDER
This cause comes before the Court on Plaintiff’s Uncontested Petition for Award of
Attorney Fees. (Doc. 28). Plaintiff seeks attorney’s fees in the amount of $7,363.12, pursuant to
the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412.
The 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. 26). The Clerk
entered judgment in favor of Plaintiff thereafter. (Doc. 27). As the prevailing party, Plaintiff now
requests an award of fees. See 28 U.S.C. § 2412(a)(1) & (d)(1)(A).
Plaintiff states that the Commissioner does not oppose the requested relief. (Doc. 28, p.
2). 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 (Doc. 28
Ex. 1) 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 Uncontested Petition for Award of Attorney Fees is GRANTED.
2.
Plaintiff is awarded $7,363.12 in attorney’s fees pursuant to the EAJA.
DONE AND ORDERED in Tampa, Florida, on this 6th day of June, 2017.
2
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