Wood, Jr. v. Commissioner of Social Security

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

TAMPA DIVISION

RICHARD B. WOOD, JR.,

Plaintiff, v. CASE NO. 8:20-cv-2143-WFJ-SPF COMMISSIONER OF SOCIAL

SECURITY,

Defendant. _______________________________/

ORDER

Before the Court is Plaintiff’s timely amended 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. 25) and the well-reasoned report issued by United States Magistrate Judge Flynn recommending fees be granted (Dkt. 28). Plaintiff represents that the Commissioner has no objections. Dkt. 25-2. After an independent review of the file, the Court adopts, affirms, and approves in all respects the Report and Recommendation (Dkt. 28), which is made a part of this Order for all purposes.

Accordingly, it is ORDERED and ADJUDGED:

1. The amended uncontested motion for EAJA fees (Dkt. 25) is granted. 2. Plaintiff, as the prevailing party, is awarded appropriate and reasonable attorney’s fees in the amount of $7,563.06. 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. 25- 4) 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 ($7,563.06) and costs ($400) in favor of Plaintiff and against Defendant in the total amount of $7,963.06.

DONE AND ORDERED at Tampa, Florida, on September 7, 2021. me,

UNITED STATES DISTRICT JUDGE

Copies furnished to:

Counsel of record