McCormick v. Commissioner of Social Security

Filing 24

ORDER granting 23 Motion for Attorney Fees. Signed by Magistrate Judge Amanda Arnold Sansone on 9/20/2017. (BEE)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
BRENDA MCCORMICK,
Plaintiff,
v.

Case No.: 8:16-cv-1203-T-AAS

NANCY A. BERRYHILL, acting
Commissioner of Social Security,1
Defendant.
______________________________________/
ORDER
This cause comes before the Court on Plaintiff’s Petition for Attorney Fees. (Doc. 23).
Plaintiff seeks attorney’s fees in the amount of $4,223.56 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. 21). The Clerk
entered judgment in favor of Plaintiff thereafter. (Doc. 22). As the prevailing party, Plaintiff now
requests an award of fees. See 28 U.S.C. § 2412(a)(1) & (d)(1)(A). As judgment for Plaintiff was
entered on July 11, 2017, and Plaintiff’s Unopposed Motion for Award of Attorney’s Fees and
Costs/Expenses was filed on September 20, 2017, the Court has jurisdiction to award the requested
fees. See 28 U.S.C. § 2412(d)(1)(B).
Plaintiff states that the Commissioner does not oppose the requested relief. (Doc. 23, p.
2). After issuance of an order awarding EAJA fees, however, the United States Department of the

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Between the filing of this suit and the entry of this Order, Nancy A. Berryhill replaced
Carolyn W. Colvin as acting Commissioner. As such, Ms. Berryhill is “automatically substituted
as a party.” Fed. R. Civ. P. 25(d).

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. 23) is GRANTED.

2.

Plaintiff is awarded $4,223.56 in attorney’s fees pursuant to the EAJA.

DONE AND ORDERED in Tampa, Florida, on this 20th day of September, 2017.

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