United States District Court, M.D. Florida, Orlando Division
REPORT AND RECOMMENDATION
C. IRICK UNITED STATES MAGISTRATE JUDGE.
cause comes before the Court for consideration without oral
argument on the following motion:
MOTION: PETITION FOR ATTORNEY'S FEES PURSUANT TO
THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C.A. SECTION 2412(d)
FILED: October 12, 2017
THEREON it is RECOMMENDED
that the motion be GRANTED in part and
DENIED in part.
Court entered judgment in this case on September 22, 2017,
reversing and remanding this case to the Commissioner of
Social Security (the Commissioner) for further proceedings
pursuant to sentence four of 42 U.S.C. § 405(g). Doc.
39. Plaintiff filed a Petition for Attorney's Fees
(Motion) on October 12, 2017. Doc. 44. Plaintiff requests an
award of attorney fees totaling $5, 149.65, pursuant to the
Equal Access to Justice Act, 28 U.S.C. § 2412(d) (EAJA).
Id. at 3. Plaintiff also requests that the award of
EAJA fees be paid directly to his counsel if the Commissioner
determines she does not owe a debt to the federal government.
Id. at 5-6. The Motion is unopposed. Id. at
seeking an award of attorney fees pursuant to the EAJA must
demonstrate that he or she is eligible for an award of EAJA
fees and that the amount sought is reasonable. The
undersigned finds, as discussed below, that Plaintiff is
eligible to recover EAJA fees and his request for EAJA fees
Eligibility for EAJA Fees.
may recover an award of attorney fees against the government
provided the party meets five requirements: 1) the party
seeking the award is the prevailing party; 2) the application
for such fees, including an itemized justification for the
amount sought, is timely filed; 3) the claimant had a net
worth of less than $2 million at the time the complaint was
filed; 4) the position of the government was not
substantially justified; and 5) there are no special
circumstances which would make an award unjust. See
28 U.S.C. § 2412(d)(1), (d)(2).
Court reversed the final decision of the Commissioner
pursuant to sentence four of 42 U.S.C. § 405(g) and
remanded the case for further proceedings. Doc. 39. A
plaintiff that obtains a sentence-four remand is a prevailing
party. Shalala v. Schaefer, 509 U.S. 292, 300-02
(1993). Accordingly, the undersigned finds that Plaintiff is
a prevailing party.