United States District Court, M.D. Florida, Tampa Division
ARNOLD SANSONE, United States Magistrate Judge
Akers moves for an award of attorney's fees, costs, and
expenses, which the Commissioner does not oppose. (Doc. 23).
Akers seeks attorney's fees in the amount of $3,
796.05 pursuant to the Equal Access to Justice
Act (“EAJA”), 28 U.S.C. § 2412. Mr. Akers
asks for $211.05 in fees for work performed by attorney
Suzanne Harris in 2017, calculated at a rate of $191.86 for
per hour for 1.1 hours. (Doc. 23, p. 4). Mr. Akers also asks
for $3, 180.00 in fees for work performed by attorneys not
admitted to the Middle District of Florida, calculated at a
rate of $75.00 per hour for 42.4 hours. (Id. at 5).
And Mr. Akers asks for $615.00 in fees for work performed by
paralegals, calculated at a rate of $75.00 per hour for 8.2
entered an order reversing and remanding the case under
sentence four of 42 U.S.C. § 405(g) to the Commissioner
for further administrative proceedings. (Doc. 18). The Clerk
entered judgment in Mr. Akers's favor the next day. (Doc.
19). The Commissioner then moved to alter or amend the
judgment, which I denied. (Docs. 20, 22). As the prevailing
party, Mr. Akers now requests an award of fees. See
28 U.S.C. § 2412(a)(1) & (d)(1)(A). Because I denied
the Commissioner's motion to alter the judgment on
December 7, 2017, and Mr. Akers moved for attorney's fees
on February 7, 2018, the court has jurisdiction to award the
requested fees. See 28 U.S.C. §
Akers also seeks reimbursement for costs incurred as a result
of the filing fee in the amount of $400.00. (Doc. 23, p. 5).
Under Section 2412(a)(2), the prevailing party in an action
against the United States may recover costs, including an
amount equal to the filing fee prescribed under 28 U.S.C.
§ 1914, which in turn requires any party instituting a
civil action to pay a $350 filing fee. In the Middle District
of Florida, the party instituting a civil action must also
pay a $50 administrative fee. See U.S. Dist. Court
Middle Dist. of Fla., Forms, Policies &
(select “Fee Schedule”).
Mr. Akers requests reimbursement for expenses related to
mailing his service of process to the Commissioner in the
amount of $60.94. In light of the Commissioner's lack of
opposition, I will allow reimbursement of expenses related to
service of the complaint. See Duffield v. Colvin,
No. 3:15-CV-1065-J-MCR, 2016 WL 6037306, at *4 (M.D. Fla.
Oct. 14, 2016).
issuance of an order awarding EAJA fees, however, the United
States Department of the Treasury will determine whether Mr.
Akers owes a debt to the government. If Mr, Akers has no
discernable federal debt, the government will accept Mr.
Akers's assignment of EAJA fees and pay the fees directly
to his counsel. (Doc. 23-13).
reasons set out in Mr. Akers's motion, therefore, it is
1. Mr. Akers's Consent Motion for Attorney's Fees
Pursuant to the Equal Access to Justice Act, 28 U.S.C. §
2412(a), (Doc. 23) is GRANTED.
2. Ms. Diaz is awarded $3, 796.05 in
attorney's fees pursuant to the EAJA.
3. Ms. Diaz is awarded $400.00 in costs
pursuant to the EAJA.
4. Ms. Diaz is awarded $60.94 in expenses
pursuant to the EAJA.