GENTRY
v.
COMMISSIONER OF SOCIAL SECURITY
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The court granted the plaintiff's unopposed motion for attorneys' fees and costs under the Equal Access to Justice Act.
The plaintiff filed a motion for attorneys' fees and costs after prevailing in a Social Security action. The Acting Commissioner of Social Security di…
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Before the Court is Plaintiff’s timely unopposed motion for attorneys’ fees and costs pursuant to 28 U.S.C. § 2412(d) of the Equal Access to Justice Act (“EAJA”) and 31 U.S.C. § 1304 with attached exhibits (Dkt. 19) and the wellreasoned report issued by United States Magistrate Judge Tuite recommending fees be granted (Dkt. 20). Plaintiff represents that the Commissioner has no objections. Dkt. 19-6. After an independent review of the file, the Court ORDERS as follows: 1. The Report and Recommendation (Dkt. 20) is adopted, affirmed, and approved in all respects and is made a part of this order for all purposes.
2. The uncontested motion for fees and costs pursuant to the EAJA and 31 U.S.C. § 1304 (Dkt. 19) is granted.
3. Plaintiff, as the prevailing party, is awarded appropriate and reasonable attorneys’ fees in the amount of $995.21 and costs in the amount of $402. If the United States Department of Treasury determines that Plaintiff does not owe a federal debt, then pursuant to Plaintiff's assignment of fees to Plaintiff's counsel (Dkt. 19-5) and Astrue v. Ratliff, 560 U.S. 586 (2010), the fees may be paid directly to Plaintiffs counsel.
4. The Clerk of Court shall enter a judgment for attorneys’ fees of $995.21 and costs of $402 in favor of Plaintiff and against Defendant in the total amount of $1,397.21. DONE AND ORDERED at Tampa, Florida, on January 18, 2022. me,
UNITED STATES DISTRICT JUDGE
Copies furnished to: Counsel of record