Opinion
22-14001-CIV-CANNON/McCabe
11-01-2022
CRYSTAL HOBEIKA, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
ORDER ACCEPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
AILEEN M. CANNON, UNITED STATES DISTRICT JUDGE
THIS CAUSE comes before the Court upon Plaintiff's Unopposed Motion for Attorney's Fees and Costs (the “Motion”), filed on October 7, 2022 [ECF No. 26]. Pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412, Plaintiff seeks (1) attorney's fees in the amount of $6,916.94; (2) paralegal fees in the amount of $12.00; (3) costs in the amount of $402.00; and (4) expenses in the amount of $21.75 [ECF No. 26 p. 1]. On October 17, 2022, following referral [ECF No. 21], Magistrate Judge Ryon M. McCabe issued a Report recommending that Plaintiff's Motion be granted in part and denied in part [ECF No. 27]. Specifically, the Report recommends an award to Plaintiff of $6,916.94 in attorney's fees; $402.00 in costs; and $21.75 in expenses [ECF No. 27 p. 4]. The Report declines to recommend an award of paralegal fees [ECF No. 27 p. 3]. No objections to the Report have been filed to the Report, and the time to do so has expired [ECF No. 27 p. 4].
Upon review, the Court finds the Report to be well-reasoned and correct.
Accordingly, it is ORDERED AND ADJUDGED as follows:
1. The Report and Recommendation [ECF No. 27] is ACCEPTED.
2. Plaintiff's Motion for Attorney's Fees [ECF No. 26] is GRANTED IN PART AND DENIED IN PART.
3. Pursuant to the Equal Access to Justice Act (“EAJA”):
a. Plaintiff is awarded attorney's fees in the amount of $6,916.94.
b. Plaintiff is awarded costs in the amount of $402.00.
c. Plaintiff is awarded expenses in the amount of $21.75.
4. The Secretary of the U.S. Department of Treasury shall determine whether Plaintiff owes a qualifying, pre-existing debt to the federal government. If such a debt exists, the Secretary shall reduce the amount awarded by the extent necessary to pay it. Pursuant to the Plaintiff's assignment of the EAJA fee awarded to her attorney [ECF No. 26-1], the Secretary shall pay the balance to Mark V. Zakhvatayev, Esq. and send that payment to the following address: P.O. Box 101110, Cape Coral, Florida 33910.
DONE AND ORDERED.