GROSSMAN
v.
COMMISSIONER OF SOCIAL SECURITY
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In this Social Security benefits case, the district court granted plaintiff's unopposed motion for attorney's fees under the Equal Access to Justice Act (EAJA), awarding $11,552.66 in fees and $405.00 in costs. The court adopted the magistrate judge's report finding the fee request reasonable and proper.
Plaintiff is entitled to recover attorney's fees in the amount of $11,552.66 and costs in the amount of $405.00 under the EAJA. The fees are subject to offset under the Treasury Offset Program, with any remaining fees after offset to be paid to Plaintiff's attorney.
[1] A party may be awarded attorney's fees and costs under the Equal Access to Justice Act (EAJA).
[2] EAJA fees awarded by a court belong to the plaintiff and are subject to offset under the Treasury Offset Program.
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Join FLexlaw to unlock all legal intelligence“The Court agrees with Judge Hunt that Plaintiff is entitled to a fee award under the EAJA and that the amount requested is reasonable.”
Establishes the court's holding that the plaintiff is entitled to the full requested amount of attorney's fees and costs under the EAJA.
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Join FLexlaw to unlock all legal intelligencePlaintiff Grossman brought a Social Security case against the Commissioner of Social Security. After prevailing in the underlying matter, Plaintiff fi…
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THIS CAUSE is before the Court upon the Report and Recommendation [DE 18] ("Report") of Magistrate Judge Patrick M. Hunt regarding Plaintiff's Unopposed Motion for Attorney's Fees Under the Equal Justice Act [DE 17] (“Motion”). The Court has reviewed the Motion, Report, the record in this case, and is otherwise fully advised in the premises.
Plaintiff seeks attorney's fees in the amount of $11,552.66, as well as reimbursement of the cost of filing in the amount of $405.00, to be paid pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d) (the “EAJA”). DE 17 at 1. The Court agrees with Judge Hunt that Plaintiff is entitled to a fee award under the EAJA and that the amount requested is reasonable. Accordingly, it is
ORDERED and ADJUDGED as follows:
1. The Report and Recommendation [DE 18] is hereby ADOPTED;
2. Plaintiff's Unopposed Motion for Attorney's Fees Under the Equal Justice Act [DE 17] is hereby GRANTED. Defendant shall pay attorney's fees to Plaintiff pursuant to the EAJA in the amount of $11,552.66 and costs in the amount of $405.00.
3. Pursuant to Astrue v. Ratliff, 130 S.Ct 2521, 2528-29 (2010), EAJA fees awarded by this Court belong to Plaintiff and are subject to offset under the Treasury Offset Program (31 U.S.C. § 3716(c)(3)(B) (2006)). If after receiving the Court's EAJA fee order, the Commissioner determines upon effectuation of the Court's EAJA fee order that Plaintiff does not owe a debt that is subject to offset under the Treasury Offset Program, the fees will be made payable to Plaintiff's attorney. However, if there is a debt owed that is subject to offset under the Treasury Offset Program, any remaining EAJA fees after offset will be paid by a check payable to Plaintiff but delivered to Plaintiff's attorney.
DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida, this 17th day of April, 2025.
JAMES I. COHN United States District Judge
Copies provided to counsel of record via CM/ECF