Shaw v. Astrue

Full title: DURENDA SHAW, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social…

Court: United States District Court, N.D. Florida, Panama City Division

Date published: Feb 19, 2008

CASE NO. 5:06cv259/RS-MD (N.D. Fla. Feb. 19, 2008)

Opinion

CASE NO. 5:06cv259/RS-MD.

February 19, 2008

ORDER

RICHARD SMOAK, District Judge

Before me is Plaintiff's Petition For Attorney's Fees Under The Equal Access To Justice Act (Doc. 25). Defendant does not oppose the petition. I find:

1. Plaintiff is the prevailing party and is entitled to the award of attorney's fees pursuant to 28 U.S.C. § 2412.

2. The Commissioner's position was not substantially justified.

3. Plaintiff's request for attorney's fees is reasonable.

IT IS ORDERED that attorney's fees in the amount of $5,295.93 are awarded to Plaintiff, subject to proper offset of debt owed by Plaintiff in accordance with 31 C.F.R. § 285.5(e)(6)(ii) and shall be paid to Plaintiff's counsel, Heather F. Aloe.

ORDERED.