Opinion
5:20-cv-316-GKS-JBT
09-16-2021
TERRY WALLACE DUALLO, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
ORDER
G. KENDALL SHARP, SENIOR UNITED STATES DISTRICT JUDGE
THIS CAUSE came on for consideration upon Plaintiff Terry Wallace Duallo's Unopposed Petition for EAJA [Equal Access to Justice Act] Attorney Fees Pursuant to 28 U.S.C. § 2412(d), together with exhibits, (Doc. 26) (Petition), in the amount of $8, 278.75, which the Court referred to the United States Magistrate Judge for a report and recommendation (Report and Recommendation). The Defendant, Commissioner of Social Security, has not filed any response to the Petition or the Report and Recommendation.
Having reviewed and considered the Report and Recommendation (Doc. 27) entered on August 6, 2021, it is hereby ORDERED and ADJUDGED as follows:
1. United States Magistrate Judge Joel B. Toomey's Report and Recommendation (Doc. 27) is APPROVED and ADOPTED and is made part of this Order for all purposes, including appellate review.
2. Plaintiff Terry Wallace Duallo's Petition is GRANTED, as follows: Plaintiff is awarded attorney's fees in the amount of $8, 278.75, $19.20 for expenses and $400.00 for costs pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d) (Doc. 26).
3. The Commissioner will determine whether Plaintiff owes a debt to the government. If the United States Department of the Treasury determines that Plaintiff does not owe such a debt, the government will accept Plaintiffs assignment of EAJA fees and pay the fees directly to Plaintiffs counsel.
4. The Clerk of the Court is directed to ENTER JUDGMENT accordingly, in favor of Plaintiff Terry Wallace Duallo and against Defendant Commissioner of Social Security.
DONE AND ORDERED.