ASHCRAFT
v.
COMMISSIONER OF SOCIAL SECURITY
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In this Social Security Administration appeal, the District Court for the Middle District of Florida granted the plaintiff's unopposed motion for attorney's fees under the Equal Access to Justice Act (EAJA) following the court's February 2024 order reversing the Commissioner's decision and remanding for further proceedings.
The court granted the plaintiff's motion, awarding attorney's fees of $7,152.00. A party who wins a sentence-four remand order under 42 U.S.C. § 405(g) in a Social Security case is a prevailing party entitled to EAJA fees.
[1] A district court need only find no clear error on the face of the record to accept a magistrate judge's recommendation when no party timely objects.
[2] When no party objects to a magistrate judge's report and recommendation, a de novo review is not required.
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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 in a Social Security case qualifies one as a prevailing party eligible for EAJA fees
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Join FLexlaw to unlock all legal intelligenceThe plaintiff obtained a favorable court order on February 14, 2024, reversing the Commissioner of Social Security's decision and remanding the case f…
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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