Boggs v. Commissioner of Social Security

Filing 24

ORDER granting 23 Motion for Attorney Fees. See Order for details. Signed by Magistrate Judge Anthony E. Porcelli on 6/17/2019. (VIV)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

JEFFREY BOGGS,
Plaintiff,
v.

Case No. 8:18-cv-148-AEP

NANCY A. BERRYHILL,
COMMISSIONER OF SOCIAL SECURITY,
Defendant.
/
ORDER
This cause comes before the Court on Plaintiff’s Petition for Attorney Fees (Doc. 23).
By the motion, Plaintiff seeks attorney’s fees in the amount of $3,788.04 pursuant to the Equal
Access to Justice Act (“EAJA”), 28 U.S.C. § 2412. On March 25, 2019, this 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). Accordingly, 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. 23). 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 (Doc. 23-2) 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 fees in the amount of $3,788.04. 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 17th day of June, 2019.

cc: Counsel of Record

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