Gilbert v. Commissioner of Social Security

United States District Court for the Middle District of Florida

Gilbert v. Commissioner of Social Security

Trial Court Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

JEFFREY A. GILBERT, Plaintiff,

v. Case No: 8:21-cv-915-KKM-AEP COMMISSIONER OF SOCIAL SECURITY, Defendant.

ORDER On April 18, 2022, the Court reversed and remanded this case to the Commissioner for further proceedings. (Doc. 30.) The Clerk then entered judgment in Plaintiffs favor. (Doc. 31.) As the prevailing party, Plaintiff now requests attorney's fees and expenses. (Doe. 32.) After reviewing the motion, the Magistrate Judge recommended that the Court

grant the motion. (Doc. 33.) The fourteen-day deadline for Defendant to object to the Magistrate Judge’s recommendation has passed without objection. Nevertheless, the Court

reviews the Magistrate Judge’s recommendation de novo. See Cooper-Houston v. S. Ry. Co.,

37 F.3d 603, 604

(11th Cir. 1994); See LeCroy v. McNeil,

397 F. App’x 554

, 556 (11th Cir. 2010) (per curiam).

After a complete review, the Court agrees with the Magistrate Judge. As the Magistrate Judge explained, the plaintiff has established his entitlement to attorney’s fees and expenses under the EAJA factors. Additionally, the number of hours plaintiffs attorneys spent on this matter was reasonable and the reimbursement rates requested for those hours are also reasonable. Accordingly, the following is ORDERED: 1. The Magistrate Judge’s Report and Recommendation (Doc. 33) is ADOPTED and made a part of this Order for all purposes. 2. Plaintiffs Motion for Attorney’s Fees (Doc. 32) is GRANTED. The Court awards Plaintiff his reasonable attorney’s fees of $3,943.22 and expenses of $23.44. ORDERED in Tampa, Florida, on August 4, 2022.

athryn’ Kimball Mizelle United States District Judge

Reference

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