PEREZ
v.
COMMISSIONER OF SOCIAL SECURITY
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In this Social Security appeal, the district court granted plaintiff's unopposed motion for attorney's fees under the Equal Access to Justice Act following an earlier judgment in plaintiff's favor against the Commissioner of Social Security.
Plaintiff is awarded $4,363.73 in attorney's fees under 28 U.S.C. § 2412(d), subject to the condition that the United States Department of Treasury determines plaintiff does not owe a federal debt.
“In this Social Security appeal, the Court entered judgment for Plaintiff.”
Establishes that the court had already decided the merits of the case in plaintiff's favor before addressing the attorney's fees motion.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligencePlaintiff filed a Social Security appeal against the Commissioner of Social Security. The court previously entered judgment for plaintiff (Doc. 20). P…
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(Doc. 20.) Plaintiff now moves unopposed for attorney's fees under the Equal Access to Justice Act. (Doc. 22.) On referral, U.S. Magistrate Judge Philip R. Lammens entered a Report and Recommendation stating that the Court should grant the Motion. (Doc. 23 (“R&R").) The time has passed, and the parties did not object, so the Court examines the R&R for clear error only. See Macort v. Prem, Inc., 208 F. App'x 781, 784 (11th Cir. 2006). Finding none, the R&R is due to be adopted in its entirety.
Accordingly, it is ORDERED AND ADJUDGED:
1. The R&R (Doc. 23) is ADOPTED AND CONFIRMED and made a part of this Order in its entirety.
2. Plaintiff's motion (Doc. 22) is GRANTED.
3. Plaintiff is AWARDED $4,363.73 in attorney's fees. This award may be paid directly to Plaintiff's counsel if the United States Department of Treasury determines that Plaintiff does not owe a federal debt.
4. The Clerk is DIRECTED to enter judgment for Plaintiff and against Defendant in the amount of $4,363.73 under 28 U.S.C. § 2412(d).
DONE AND ORDERED in Chambers in Orlando, Florida, on August 18, 2025.
ROY B. DALTON, JR.
United States District Judge