Helton v. Commissioner of Social Security

Filing 23

ORDER granting 20 Motion for Attorney Fees. Signed by Magistrate Judge Amanda Arnold Sansone on 12/7/2017. (BEE) (LSS).

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
MEGAN HELTON, o/b/o S.R.H.,
Jr.,
Plaintiff,
v.

Case No.: 8:16-cv-2365-T-AAS

NANCY A. BERRYHILL, acting
Commissioner of Social Security,1
Defendant.
______________________________________/
ORDER
This cause comes before the Court on Plaintiff’s Uncontested Motion for Attorney’s Fees.
(Doc. 20). Plaintiff seeks attorney’s fees in the amount of $2,750.95 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. 18). The Clerk
entered judgment in favor of Plaintiff thereafter. (Doc. 19). 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 September 14, 2017, and Plaintiff’s Uncontested Motion for Attorney’s Fees was filed
on December 5, 2017, the Court has jurisdiction to award the requested fees. See 28 U.S.C. §
2412(d)(1)(B).
The Commissioner does not oppose the requested relief. (Doc. 20, p. 2). After issuance
of an order awarding EAJA fees, however, the United States Department of the Treasury will

1

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).

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. (Doc. 20, Ex. A).
For the reasons set out in Plaintiff’s motion, therefore, it is hereby ORDERED:
1.

Plaintiff’s Uncontested Motion for Attorney’s Fees. (Doc. 20) is GRANTED.

2.

Plaintiff is awarded $2,750.95 in attorney’s fees pursuant to the EAJA.

DONE AND ORDERED in Tampa, Florida, on this 7th day of December, 2017.

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