Lavalle v. Commissioner of Social Security

Filing 27

ORDER granting 26 Motion for Attorney Fees. Signed by Magistrate Judge Amanda Arnold Sansone on 4/6/2017. (BEE)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

LINDA LAVALLE,
Plaintiff,
v.

Case No. 8:16-cv-973-T-AAS

NANCY BERRYHILL,
Acting Commissioner of Social Security,
Defendant.
/
ORDER
This cause comes before the Court on Plaintiff’s Petition for Attorney Fees (Doc. 26).
By the Motion, Plaintiff seeks attorney’s fees in the amount of $5,090.62, pursuant to the Equal
Access to Justice Act (“EAJA”), 28 U.S.C. § 2412. Plaintiff proceeded in forma pauperis (Doc.
4), and therefore did not incur any costs.
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. 24). The
Clerk entered judgment in favor of Plaintiff thereafter (Doc. 25). As the prevailing party,
Plaintiff now requests an award of fees. See 28 U.S.C. § 2412 (d)(1)(A).
The Commissioner does not oppose the requested relief (Doc. 26). 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 $5,090.62 in attorney’s fees.
DONE AND ORDERED in Tampa, Florida, on this 6th day of April, 2017.

cc: Counsel of Record

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