Carnegie v. Commissioner of Social Security
Carnegie v. Commissioner of Social Security
Trial Court Opinion
UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION
BRIDGETT CARNEGIE,
Plaintiff,
v. Case No. 8:21-cv-2858-AEP
KILOLO KIJAKAZI, Acting Commissioner of Social Security,
Defendant. /
ORDER
This cause comes before the Court on Plaintiff’s Unopposed Petition for Attorney Fees (Doc. 25). By the motion, Plaintiff seeks attorney’s fees in the amount of $1,919.37 pursuant to the Equal Access to Justice Act (“EAJA”),
28 U.S.C. § 2412(d). On July 7, 2022, this Court entered an Order granting the Commissioner’s Motion to Remand and reversing and remanding the case to the Commissioner for further administrative proceedings (Doc. 23). Thereafter, the Clerk entered judgment in favor of Plaintiff (Doc. 24). 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) (concluding that a party who wins a sentence- four remand order under
42 U.S.C. § 405(g) is a prevailing party), superseded by rule on other grounds, Fed. R. Civ. P. 58(c)(2)(B). 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. Plaintiffs Unopposed Petition for Attorney Fees (Doc. 25) is GRANTED. 2. Plaintiff is awarded fees in the amount of $1,919.37. 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. 25-2). DONE AND ORDERED in Tampa, Florida, on this 12th day of September, 2022.
7 2 LA—|Vi/) —
ANTHONY E. PORCELLI United Sfates Magistrate Judge
cc: Counsel of Record
Reference
- Status
- Unknown