Green v. Commissioner of Social Security

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

COURTNEY CHARISSE GREEN, Plaintiff, v. Case No. 8:20-cv-796-AEP KILOLO KIJAKAZI, Acting Commissioner of Social Security, Defendant. / ORDER This cause comes before the Court on Plaintiff’s Unopposed Petition for Award of Attorney Fees under the Equal Access to Justice Act (Doc. 27). By the motion, Plaintiff seeks attorney’s fees in the amount of $5,239.80 pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d). On August 27, 2021, this Court entered an Order reversing and remanding the case to the Commissioner for further administrative proceedings (Doc. 25). Thereafter, the Clerk entered judgment in favor of Plaintiff (Doc. 26). 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 Shalala v. Schaefer, 509 U.S. 292, 300-02 (1993), superseded by rule on other grounds, Fed. R. Civ. P. 58(c)(2)(B) (concluding that a party who wins a sentence-four remand order under 42 U.S.C. § 405(g) is a prevailing party).

The Commissioner does not oppose the requested relief. After issuance of an 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 Plaintiffs counsel. For the reasons set out in Plaintiff's motion, therefore, it is hereby ORDERED: 1. Plaintiff's Unopposed Petition for Award of Attorney Fees under the Equal Access to Justice Act (Doc. 27) is GRANTED.

2. Plaintiff is awarded fees in the amount of $5,239.80. Unless the Department of Treasury determines that Plaintiff owes a federal debt, the government must pay the fees to Plaintiff's counsel in accordance with Plaintiff's assignment of fees (Doc. 27-1).

DONE AND ORDERED in Tampa, Florida, on this 8th day of December, 2021.

J p= J Leg dy PW] ANTHONY E. bORCELLI United Sfates Magistrate Judge cc: Counsel of Record