SMITH v. CAMMANDER et al
ORDER ADOPTING 7 REPORT AND RECOMMENDATION: This case is DISMISSED without prejudice for failure to prosecute. Signed by SENIOR JUDGE MAURICE M PAUL on 11/4/2015. (jws)
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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
JULIE REBECCA ZOBEL,
CASE NO. 1:14-cv-00045-MP-GRJ
COMMISSIONER OF SOCIAL SECURITY,
This matter is before the Court on Doc. 16, Plaintiff’s Motion for Attorney Fees. Plaintiff
moves for an award of attorney’s fees pursuant to the Equal Access to Justice Act, 28 U.S.C. §
2412(d) (hereinafter “EAJA”). (Doc. 16). In this case, Plaintiff challenged the decision of the
Commissioner of Social Security denying her claim for Social Security Disability benefits. (Doc.
1). On September 17, 2015, this Court entered an Order adopting the Report and
Recommendation of the Magistrate Judge which reversed and remanded the Commissioner's
decision under sentence four of 42 U.S.C. § 405(g). (Doc. 14). A judgment was entered the same
day in favor of Plaintiff. (Doc. 15).
Under 28 U.S.C. § 2412(d)(1)(A), “a court shall award to a prevailing party . . . fees and
other expenses . . . incurred by that party in any civil action . . . unless the court finds that the
position of the United States was substantially justified or that special circumstances make an
award unjust.” Section 2412(d)(1)(B) continues, requiring a party seeking an award of fees to
submit an application for fees within thirty days of the final judgment which demonstrates 1) the
party is a prevailing party, 2) the amount sought, including an itemized statement with the time
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and rate at which fees were computed, and 3) allegations that the position of the United States
were not justified (based on the record).
Plaintiff’s motion and supporting memorandum were timely filed and successfully
demonstrate the requirements under § 2412 are met in this case. After consideration, the Court
concludes that the fee request is appropriate. Accordingly, it is hereby
ORDERED AND ADJUDGED:
Plaintiff’s Motion for Attorney Fees, Doc. 16, is GRANTED. Plaintiff is awarded
$3,914.71 in attorney fees pursuant to the Equal Access to Justice Act, 28 U.S.C.
§ 2412(d), subject to any offsetting debt owed by Plaintiff to the United States.
Plaintiff is entitled to be reimbursed $400 for the filing fee.
DONE AND ORDERED this
4th day of November, 2015
s/Maurice M. Paul
Maurice M. Paul, Senior District Judge
Case No: 1:14-cv-00045-MP-GRJ
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