Wentz v. Commissioner of Social Security
Filing
19
ORDER granting 18 Motion for Attorney Fees. Signed by Magistrate Judge Amanda Arnold Sansone on 4/10/2017. (BEE)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
MARK WENTZ,
Plaintiff,
v.
Case No. 8:16-cv-1333-T-AAS
NANCY BERRYHILL,
Acting Commissioner of Social Security,
Defendant.
/
ORDER
This cause comes before the Court on Plaintiff’s Consent Petition for Attorney Fees
(Doc. 18). By the Motion, Plaintiff seeks attorney’s fees in the amount of $6,030.88, pursuant
to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412. Plaintiff proceeded in forma
pauperis (Doc. 5), and therefore did not incur any costs.
The Court entered an Order granting the Commissioner’s Motion for Entry of Judgment
with Remand (Doc. 15), reversing and remanding the case under sentence four of 42 U.S.C. §
405(g) to the Commissioner for further administrative proceedings (Doc. 16). The Clerk
entered judgment in favor of Plaintiff thereafter (Doc. 17). 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. 18). 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, it is ORDERED:
1. Plaintiff’s Consent Petition for Attorney Fees (Doc. 18) is GRANTED.
2. Plaintiff is awarded $6,030.88 in attorney’s fees.
DONE AND ORDERED in Tampa, Florida, on this 10th day of April, 2017.
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