Malik v. Commissioner of Social Security
Filing
28
ORDER granting 27 Motion for Attorney Fees. Signed by Magistrate Judge Amanda Arnold Sansone on 10/20/2016. (BEE)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
JESSICA MALIK,
Plaintiff,
v.
Case No. 8:15-cv-2504-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. 27).
By the motion, Plaintiff seeks attorney’s fees in the amount of $4,645.10 pursuant to the Equal
Access to Justice Act (“EAJA”), 28 U.S.C. § 2412. On July 29, 2016, the Commissioner filed
an Unopposed Motion for Entry of Judgment with Remand requesting that the Court reverse
and remand the case under sentence four of 42 U.S.C. § 405(g) to the Commissioner for further
administrative proceedings (Doc. 24). The undersigned granted the Motion (Doc. 25) and the
Clerk entered judgment in favor of Plaintiff thereafter (Doc. 26). 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. 27). 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. 27) is GRANTED.
2. Plaintiff is awarded fees in the amount of $4,645.10. 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 20th day of October, 2016.
cc: Counsel of Record
2
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