Hopkins v. Comm'r of Soc. Sec.

Full title: DIGNORAH HOPKINS, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant

Court: United States District Court, Middle District of Florida

Date published: Aug 19, 2024

6:23-cv-2257-LHP (M.D. Fla. Aug. 19, 2024)

Opinion

6:23-cv-2257-LHP

08-19-2024

DIGNORAH HOPKINS, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant

LESLIE HOFFMAN PRICE, UNITED STATES MAGISTRATE JUDGE

ORDER

LESLIE HOFFMAN PRICE, UNITED STATES MAGISTRATE JUDGE

This cause came on for consideration without oral argument on the following motion filed herein:

MOTION: UNOPPOSED MOTION FOR AWARD OF ATTORNEY'S FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT 28 U.S.C. §2412 (Doc. No. 34)

FILED: August 15, 2024

THEREON it is ORDERED that the motion is GRANTED.

Plaintiff, through counsel of record, filed a complaint against the Commissioner of Social Security regarding the denial of an application for social security benefits. Doc. No. 1. On May 3, 2024, pursuant to an unopposed motion to remand, Doc. No. 24, the Court reversed and remanded the case to the Commissioner pursuant to sentence four of 42 U.S.C. § 405(g). Doc. No. 25. Judgment was entered in favor of Plaintiff and against the Commissioner on May 6, 2024. Doc. No. 26.

By the present motion, Plaintiff seeks an award of attorney's fees pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d). Doc. No. 34.¹Plaintiff requests a total of $5,674.10 in attorney's fees under the EAJA, for 22.73 hours of work performed by Plaintiff's counsel in 2023 and 2024. Id. at 1; Doc. No. 34-1. The Commissioner does not oppose the motion. Doc. No. 34, at 4.

1 Plaintiff's motion is timely. See Doc. No. 33.

Upon consideration, and absent any objection from the Commissioner, the Court finds the request for fees pursuant to the EAJA well taken. Accordingly, Plaintiff's Unopposed Motion for Award of Attorney's Fees Pursuant to the Equal Access to Justice Act 28 U.S.C. § 2412 (Doc. No. 34) is GRANTED, to the extent that Plaintiff is awarded a total of $5,674.10 in attorney's fees under the EAJA.²

2 Plaintiff's motion references an assignment of EAJA fees from Plaintiff to counsel. Doc. No. 34, at 2. See also Doc. No. 34-3. However, Plaintiff states only that “[i]f the U.S. Department of the Treasury determines that Plaintiff does not owe a federal debt, the government will accept Plaintiff's assignment of EAJA fees and pay fees directly to Plaintiff's counsel.” Doc. No. 34, at 2. The government may exercise its discretion to honor Plaintiff's assignment of attorney's fees awarded under the EAJA if the government determines that Plaintiff does not owe a federal debt, but the Court will not order the government to do so.

DONE and ORDERED.