KIRBY
v.
COMMISSIONER OF SOCIAL SECURITY
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Plaintiff in a Social Security benefits case sought attorney's fees under the Equal Access to Justice Act after obtaining a favorable remand order from the district court. The court granted the unopposed motion, awarding $3,241.21 in attorney's fees to be paid by the government unless Plaintiff owes a federal debt.
Plaintiff is entitled to attorney's fees as the prevailing party in securing a favorable remand order. The court awarded $3,241.21 in attorney's fees to be paid by the government, unless Plaintiff has an outstanding federal debt to offset against the award.
[1] A party who obtains a sentence-four remand order in a Social Security Act case is considered a prevailing party for the purposes of attorney's fees under the Equal Access…
[2] Attorney's fees and costs awarded under the Equal Access to Justice Act may be paid directly to the prevailing party's counsel if the prevailing party has no discernable…
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Join FLexlaw to unlock all legal intelligence“a party who wins a sentence-four remand order under 42 U.S.C. § 405(g) is a prevailing party”
Establishes that obtaining a remand order qualifies the party as a prevailing party eligible for EAJA attorney's fees.
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Join FLexlaw to unlock all legal intelligenceThe district court previously entered an order on July 24, 2024, reversing and remanding the Commissioner's decision to the Social Security Administra…
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This cause comes before the Court on Plaintiff's Unopposed Motion for Attorney's Fees (Doc. 29). By the Motion, Plaintiff seeks attorney's fees in the amount of $3,241.21 pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d). On July 24, 2024, this Court entered an Order reversing and remanding the case to the Commissioner for further administrative proceedings (Doc. 246). Thereafter, the Clerk entered judgment in favor of Plaintiff (Doc. 27).
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(1993) (concluding that a party who wins a sentence-four remand order under 42 U.S.C. § 405(g) is a prevailing party), superseded by rule on other grounds, Fed.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 Department of the Treasury 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 Plaintiff's counsel.
The Commissioner does not oppose the requested relief (Doc. 29, ¶ 6). Additionally, Plaintiff's attorney filed an affidavit in support of the motion (Doc. 29 at 5-6). Therefore, for the reasons set out in Plaintiff's motion and supported by the affidavit, it is hereby
ORDERED:
1. Plaintiff's Unopposed Motion for Attorney's Fees (Doc. 29) is
GRANTED.
2. Plaintiff is awarded fees in the amount of $3,241.21. 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. 29-1).
DONE AND ORDERED in Tampa, Florida, on this 20th day of August 2024.
ANTHONY E. PORCELLI
United States Magistrate Judge cc: Counsel of Record
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