Opinion
8:20-cv-2039-AEP
08-19-2021
HECTOR L. REYES MELENDEZ, Plaintiff, v. KILOLO KIJAKAZI, Acting Commissioner of Social Security, [1] Defendant.
ORDER
ANTHONY E. PORCELLI, UNITED S/ATES MAGISTRATE JUDGE
This cause comes before the Court on Plaintiff's Petition for Attorney's Fees Pursuant to the Equal Access to Justice Act (Doc. 24). By the motion, Plaintiff seeks attorney's fees in the amount of $3, 247.80 pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d). On May 20, 2021, this Court entered an Order granting the Commissioner's motion for remand and reversing and remanding the case to the Commissioner for further administrative proceedings (Doc. 22). Thereafter, the Clerk entered judgment in favor of Plaintiff (Doc. 23). As the prevailing party, Plaintiff now requests an award of attorney's fees. See 28 U.S.C. § 2412(d)(1)(A); cf. Shalala v. Schaefer, 509 U.S. 292, 300-02 (1993) (concluding that a party who wins a sentence-four remand order under 42 U.S.C. § 405(g) is a prevailing party).
The Commissioner does not oppose the requested relief. After issuance of an order awarding EAJA fees, however, the United States Department of the Treasury will determine whether Plaintiff owes a debt to the government. If Plaintiff has no discernable federal debt, the government will accept Plaintiffs assignment of EAJA fees and pay the fees directly to Plaintiffs counsel. For the reasons set out in Plaintiffs motion, therefore, it is hereby
ORDERED:
1. Plaintiffs Unopposed Amended Petition for EAJA Fees (Doc. 24) is GRANTED.
2. Plaintiff is awarded fees in the amount of $3, 247.80. Unless the Department of Treasury determines that Plaintiff owes a federal debt, the government must pay the fees to Plaintiffs counsel in accordance with Plaintiffs assignment of fees (Doc. 24, Ex. A).
DONE AND ORDERED.