Ashcraft v. Commissioner of Social Security
Ashcraft v. Commissioner of Social Security
Trial Court Opinion
UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION
TIMOTHY ASHCRAFT,
Plaintiff,
v. Case No. 8:23-cv-00344-UAM
MARTIN O’MALLEY, Commissioner of Social Security
Defendants. /
ORDER
This cause comes before the Court on Plaintiff’s Unopposed Motion for Attorney’s Fees. (Doc. 20). By the Motion, Plaintiff seeks attorney’s fees in the amount of $7,152.00 pursuant to the Equal Access to Justice Act (“EAJA”),
28 U.S.C. § 2412(d). On February 14, 2024, this Court entered an Order reversing the decision of the Commissioner and remanding the case to the Commissioner for further administrative proceedings consistent with the Order. (Doc. 18). Thereafter, the Clerk entered judgment in favor of Plaintiff. (Doc. 19). 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42 U.S.C. § 405(g) is a prevailing party), superseded by rule on other grounds, Fed.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). After issuance of an order awarding EAJA fees, the United States government. If Plaintiff has no discernable federal debt, the government will accept Plaintiff's assignment of EAJA fees and pay the fees directly to Plaintiff's counsel. The Commissioner does not oppose the requested relief. (Doc. 20, p. 6). Therefore, for the reasons set out in Plaintiff's motion, it is hereby ORDERED: 1. Plaintiffs Unopposed Motion for Attorney’s Fees (Doc. 20) is GRANTED. 2. Plaintiff is awarded fees in the amount of $7,152.00. 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. 20). DONE AND ORDERED in Tampa, Florida, on this 17th day of May 2024.
hi 7 Lg dy PW] EY] ANTHONY E. bORCELLI United Sfates Magistrate Judge
cc: Counsel of Record
Reference
- Status
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