GILBERT
v.
COMMISSIONER OF SOCIAL SECURITY

M.D. Fla. | 2022-08-04
District Court, M.D. Florida (2022)

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Holding

The Court adopts the Magistrate Judge's recommendation and grants Plaintiff's motion for attorney's fees and expenses.


Facts & Procedural History

Plaintiff, Jeffrey A. Gilbert, prevailed in his Social Security case, leading to a remand and judgment in his favor. As the prevailing party, he moved…

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Opinion of the Court

On April 18, 2022, the Court reversed and remanded this case to the Commissioner for further proceedings. (Doc. 30.) The Clerk then entered judgment in Plaintiffs favor. (Doc. 31.) As the prevailing party, Plaintiff now requests attorney's fees and expenses. (Doe. 32.) After reviewing the motion, the Magistrate Judge recommended that the Court

grant the motion. (Doc. 33.) The fourteen-day deadline for Defendant to object to the Magistrate Judge’s recommendation has passed without objection. Nevertheless, the Court

reviews the Magistrate Judge’s recommendation de novo. See Cooper-Houston v. S. Ry. Co., 37 F. 3d 603, 604 (11th Cir. 1994); See LeCroy v. McNeil, 397 F. App’x 554, 556 (11th Cir. 2010) (per curiam).

After a complete review, the Court agrees with the Magistrate Judge. As the Magistrate Judge explained, the plaintiff has established his entitlement to attorney’s fees and expenses under the EAJA factors. Additionally, the number of hours plaintiffs attorneys spent on this matter was reasonable and the reimbursement rates requested for those hours are also reasonable. Accordingly, the following is ORDERED: 1. The Magistrate Judge’s Report and Recommendation (Doc. 33) is ADOPTED and made a part of this Order for all purposes. 2. Plaintiffs Motion for Attorney’s Fees (Doc. 32) is GRANTED. The Court awards Plaintiff his reasonable attorney’s fees of $3,943.22 and expenses of $23.44. ORDERED in Tampa, Florida, on August 4, 2022.

athryn’ Kimball Mizelle United States District Judge


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