RODRIGUEZ
v.
COMMISSIONER OF SOCIAL SECURITY
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court adopted the Magistrate Judge's report and recommendation, granting the plaintiff's petition for attorneys' fees in part and awarding $8,827.02.
The plaintiff sought attorneys' fees under the Equal Access to Justice Act (EAJA) after prevailing in a Social Security case. The Commissioner of Soci…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Assignment Of Fees cases and more on FLexlaw
Before the Court is Plaintiff’s timely opposed petition for attorneys’ fees pursuant to 28 U.S.C. § 2412(d) of the Equal Access to Justice Act (“EAJA”) (Dkt. 41) and the well-reasoned report issued by United States Magistrate Judge Flynn recommending fees be granted in part and denied in part (Dkt. 46). The Commissioner filed an opposition, and the Plaintiff filed a reply. Dkts. 42, 45. After an independent review of the file, the Court ORDERS as follows: 1. The Report and Recommendation (Dkt. 46) is adopted, affirmed, and approved in all respects and is made a part of this order for all purposes. 2. Plaintiff’s petition for attorneys’ fees pursuant to the EAJA (Dkt. 41) is granted in part and denied in part. 3. Plaintiff, as the prevailing party, is awarded appropriate and reasonable attorneys’ fees in the amount of $8,827.02. 4. Ifthe United States Department of Treasury determines that Plaintiff does not owe a federal debt, then pursuant to Plaintiff's assignment of fees to Plaintiff's counsel (Dkt. 41-2) and Astrue v. Ratliff, 560 U.S. 586 (2010), the fees may be paid directly to Plaintiff's counsel. 5. The Clerk of Court shall enter a judgment accordingly in favor of Plaintiff and against Defendant in the total amount of $8,827.02. DONE AND ORDERED at Tampa, Florida, on June 13, 2022. mb, —
UNITED STATES DISTRICT JUDGE
Copies furnished to: Counsel of record