SIRON v. BERRYHILL

Filing 49

ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION re 47 Report and Recommendation, granting in part 42 Motion for Attorney Fees. Signed by CHIEF JUDGE MARK E WALKER on 9/20/19. The Clerk shall also close the file. (bkp)

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
GAINESVILLE DIVISION
DIANE SIRON,
Plaintiff,
Case No. 1:16cv228-MW/GRJ

v.
ANDREW M. SAUL,
Commissioner of the Social
Security Administration,
Defendant.
___________________________/

ORDER ACCEPTING AND ADOPTING
REPORT AND RECOMMENDATION
This Court has considered, without hearing, the Magistrate Judge's Report and
Recommendation. ECF No. 47. Plaintiff has filed her Notice of No Objection to the
Entry of an Order Accepting and Adopting Report and Recommendation of the
Magistrate Judge. ECF No. 48. Neither Plaintiff nor Defendant objects to the entry of the
order. Upon consideration,
IT IS ORDERED:
The report and recommendation is accepted and adopted as this Court’s opinion.
The Clerk shall enter judgment stating,
“1.

Plaintiff’s Motion for Attorney’s Fees, ECF No. 42, is GRANTED IN

PART.

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2.

Plaintiff is awarded attorney’s fees under the EAJA in the amount of

$16,801.15, subject to any offsetting debt owed by the Plaintiff to the United States.
Before the Commissioner is obligated to pay the EAJA fees, the Commissioner must
determine whether Plaintiff owes a debt to the Government. In the event the United
States Department of the Treasury determines that Plaintiff does not owe a federal debt,
the Commissioner must then pay the fees directly to Plaintiff’s counsel. Further, because
Plaintiff has assigned her EAJA fees to Plaintiff’s counsel, any fees or partial fees
received by the Plaintiff are to be considered held in trust for, and payable to Plaintiff’s
counsel.”
The Clerk shall also close the file.
SO ORDERED on September 20, 2019.
s/Mark E. Walker
Chief United States District Judge

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