United States District Court, M.D. Florida, Orlando Division
REPORT AND RECOMMENDATION
R. HOFFMAN UNITED STATES MAGISTRATE JUDGE
THE UNITED STATES DISTRICT COURT:
cause came on for consideration without oral argument on the
following motion filed herein:
MOTION: UNOPPOSED MOTION FOR AWARD OF ATTORNEY FEES PURSUANT
TO THE EQUAL JUSTICE ACT, 28 U.S.C. § 2412(d) (Doc. 28)
FILED:August 15, 2019
THEREON it is respectfully RECOMMENDED that the motion be
GRANTED IN PART and DENIED IN PART.
17, 2019, judgment was entered reversing and remanding this
case to the Commissioner of Social Security for further
proceedings pursuant to sentence four of 42 U.S.C. §
405(g). (Doc. 27). On August 15, 2019, the Plaintiff filed a
motion requesting an award of $5, 400.20 in attorney fees,
pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C.
§ 2412(d). (Doc. 28 (Motion)). The Plaintiff also requests that the
EAJA a ward be paid directly to her counsel if the government
determines that she does not owe a debt to the government.
(Id. at 2).
Plaintiff's certificate of conferral pursuant to Local
Rule 3.01(g) only states that the Commissioner “was
unable to complete [his] review of the motion to date.”
(Id.). Therefore, it is not clear from the
certificate whether the Commissioner opposes the Motion. That
said, the Commissioner has not filed a response in opposition
to the Motion, and the time to do so has passed. Therefore,
the Motion is unopposed.
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. As discussed
below, the undersigned finds that the Plaintiff is eligible
to recover EAJA fees and her request for EAJA fees is
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).