Rosenthal v. Commissioner of Social Security

Filing 30

ORDER granting 28 Motion for Attorney Fees; adopting 29 Report and Recommendations. The Clerk is directed to enter judgment in accordance with the attached order. Signed by Judge William F. Jung on 9/7/2021. (CCB)

Case 8:20-cv-01571-WFJ-AAS Document 30 Filed 09/07/21 Page 1 of 2 PageID 1447

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
AVA PATE ROSENTHAL,
Plaintiff,
v.

CASE NO. 8:20-cv-1571-WFJ-AAS

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
_______________________________/
ORDER
Before the Court is Plaintiff’s timely unopposed motion for attorney’s fees
pursuant to 28 U.S.C. § 2412(d) of the Equal Access to Justice Act (“EAJA”) with
supporting documents (Dkt. 28) and the well-reasoned report issued by United
States Magistrate Judge Sansone recommending fees be granted (Dkt. 29).
Plaintiff represents that the Commissioner has no objections. Dkt. 28 at 3. After
an independent review of the file, the Court adopts, affirms, and approves in all
respects the Report and Recommendation (Dkt. 29), which is made a part of this
Order for all purposes.
Accordingly, it is ORDERED and ADJUDGED:
1. The uncontested motion for EAJA fees and costs under 31 U.S.C. §
1304 (Dkt. 28) is granted.

Case 8:20-cv-01571-WFJ-AAS Document 30 Filed 09/07/21 Page 2 of 2 PageID 1448

2. Plaintiff, as the prevailing party, is awarded appropriate and
reasonable attorney’s fees in the amount of $3,734.77. If the United States
Department of Treasury determines that Plaintiff does not owe a federal debt, then
pursuant to Plaintiff’s assignment of the EAJA fees to Plaintiff’s attorney (Dkt. 281) and Astrue v. Ratliff, 560 U.S. 586 (2010), the fees may be paid directly to
Plaintiff’s counsel.
3. The Clerk of Court shall enter a judgment for attorney’s fees
($3,734.77) and costs ($400) in favor of Plaintiff and against Defendant in the total
amount of $4,134.77.
DONE AND ORDERED at Tampa, Florida, on September 7, 2021.

Copies furnished to:
Counsel of record