Opinion
1:20-cv-01241-HBK
07-30-2021
PATRICK ODELL WARREN, Plaintiff, v. COMMMISSIONER OF SOCIAL SECURITY, Defendant.
ORDER GRANTING PLAINTIFF'S
STIPULATED MOTION FOR ATTORNEY'S
FEES AND COSTS UNDER THE EQUAL
ACCESS TO JUSTICE ACT
(Doc. No. 22)
HELENA M. BARCH-KUCHTA UNITED STATES MAGISTRATE JUDGE
Pending before the Court is Plaintiff's stipulated motion for attorney fees filed July 28, 2021. (Doc. No. 22). Plaintiff seeks attorney's fees in the amount of $4, 675.00 under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412. (Id.). Plaintiff is not seeking reimbursement for costs. (Id. at 2).
On June 24, 2021, this Court granted the parties' Stipulation for Voluntary Remand pursuant to Sentence Four of 42 U.S.C. § 405(g) and reversed and remanded the case to the Commissioner for further administrative proceedings. (Doc. No. 20). The Clerk entered judgment in favor of Plaintiff the same day. (Doc. No. 21). Plaintiff, the prevailing party, now requests an award of fees. See 28 U.S.C. § 2412(a) & (d)(1)(A); Fed.R.Civ.P. 54(d)(1); see 28 U.S.C. § 1920; 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 stipulates to the requested relief. (See Doc. No. 22). After issuance of an order awarding EAJA fees and costs, however, the United States Department of the Treasury will determine whether Plaintiff owes a debt to the government. (Id. at 2 ¶¶ 11-13). If Plaintiff has no discernable federal debt, the government will accept Plaintiffs assignment of EAJA fees and pay the fees directly to Plaintiffs counsel. (Id. at 2 ¶¶ 13-16).
Accordingly, it is ORDERED:
1. Plaintiffs stipulated motion for attorney's fees (Doc. No. 22) is GRANTED.
2. Plaintiff is awarded fees in the amount of $4, 675.00 (four thousand six hundred seventy-five dollars). Unless the Department of Treasury determines Plaintiff owes a federal debt, the government must pay the fees to Plaintiffs counsel in accordance with Plaintiffs assignment of fees and subject to the terms of the stipulated motion.