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Hernandez v. Astrue

United States District Court, S.D. Florida
Aug 18, 2010
CASE NO. 09-82311-CIV-COHN (S.D. Fla. Aug. 18, 2010)

Opinion

CASE NO. 09-82311-CIV-COHN.

August 18, 2010


ORDER GRANTING APPLICATION FOR ATTORNEY FEES


THIS CAUSE is before the Court upon Plaintiff's Application for Attorney Fees under the Equal Access to Justice Act [DE 26], Defendant's Response [DE 27], and Plaintiff's Reply thereto [DE 28]. The Court has carefully considered the motion and is otherwise fully advised in the premises.

Plaintiff's counsel seeks $4,986.05 in attorney fees pursuant to the Equal Access for Justice Act. Plaintiff included an assignment of fees from the Plaintiff to counsel. The Commissioner in this case agreed to remand the case for further proceedings, making Plaintiff the prevailing party. Defendant does not oppose the amount of fees, nor payment of the EAJA fees directly to counsel, but does reserve the right to offset any debts owed by Plaintiff to the United States, pursuant to Ratliff v. U.S., 130 S.Ct. 2521 (2010).

Accordingly, it is ORDERED AND ADJUDGED as follows:

GRANTED;

1. Plaintiff's Application for Attorney's Fees [DE 26] is hereby 2. The Court shall separately enter judgment for Plaintiff's counsel in the amount of $4,986.05 in attorney fees, however, the funds are subject to any Treasury offset for any debt owed by Plaintiff. DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida.


Summaries of

Hernandez v. Astrue

United States District Court, S.D. Florida
Aug 18, 2010
CASE NO. 09-82311-CIV-COHN (S.D. Fla. Aug. 18, 2010)
Case details for

Hernandez v. Astrue

Case Details

Full title:MICHELLE HERNANDEZ, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of…

Court:United States District Court, S.D. Florida

Date published: Aug 18, 2010

Citations

CASE NO. 09-82311-CIV-COHN (S.D. Fla. Aug. 18, 2010)