Hooper v. Commissioner of Social Security

Filing 17

ORDER granting 16 Motion for Attorney Fees. See Order for further details. Signed by Magistrate Judge Anthony E. Porcelli on 9/24/2024. (KBP)

NITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
CHRISTOPHER DORIEN
HOOPER,
Plaintiff,
v.

Case No. 8:24-cv-01038-AEP

MARTIN O’MALLEY,
Commissioner of Social Security,
Defendant.
/
ORDER
This cause comes before the Court on Plaintiff’s Unopposed Motion for
Attorney’s Fees. (Doc. 16). By the Motion, Plaintiff seeks attorney’s fees in the
amount of $7,000 and costs in the amount of $405.00 pursuant to the Equal Access
to Justice Act (“EAJA”), 28 U.S.C. § 2412(d). On September 5, 2024, this Court
entered an Order reversing and remanding the case to the Commissioner for further
administrative proceedings. (Doc. 13). Thereafter, the Clerk entered judgment in
favor of Plaintiff. (Doc. 14).
As the prevailing party, Plaintiff now requests an award of attorney’s fees.
See 28 U.S.C. § 2412(d)(1)(A); cf. Shalala v. Schaefer, 509 U.S. 292, 300–02 (1993)
(concluding that a party who wins a sentence-four remand order under 42 U.S.C. §
405(g) is a prevailing party), superseded by rule on other grounds, Fed. R. Civ. P.
58(c)(2)(B). After issuance of an order awarding EAJA fees, 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.
The Commissioner does not oppose the requested relief. (Doc. 16, at 1).
Additionally, Plaintiff and Plaintiff’s attorney filed affidavits in support of the
motion. (Docs. 16-1, 16-3). Therefore, for the reasons set out in Plaintiff’s motion
and supported by the affidavits, it is hereby
ORDERED:
1.

Plaintiff’s Unopposed Motion for Attorney’s Fees (Doc. 16) is

GRANTED.
2.

Plaintiff is awarded fees in the amount of $7,000 and costs in the

amount of $405.00. Unless the Department of Treasury determines that Plaintiff
owes a federal debt, the government must pay the fees and costs to Plaintiff’s
counsel in accordance with Plaintiff’s assignment. (Docs. 16-2, 16-5).
DONE AND ORDERED in Tampa, Florida, on this 24th day of September
2024.

cc: Counsel of Record

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