ZOBEL
v.
COMMISSIONER OF SOCIAL SECURITY
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Plaintiff Zobel sought to recover costs of $402.00 in filing fees following a successful motion for summary judgment against the Commissioner of Social Security. The Magistrate Judge recommended awarding the costs under the Equal Access to Justice Act (EAJA), finding Zobel was the prevailing party and the filing fee constituted a taxable cost.
Zobel is entitled to recover the $402.00 filing fee as taxable costs. As the prevailing party under the EAJA, Zobel may recover costs enumerated in 28 U.S.C. § 1920, and filing fees constitute taxable costs.
[1] A filing fee paid in a case is a taxable cost that may be awarded to the prevailing party.
[2] The Equal Access to Justice Act permits an award of costs to the prevailing party as enumerated in 28 U.S.C. …
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Join FLexlaw to unlock all legal intelligence“The EAJA permits an award of costs to the prevailing party as enumerated in 28 U.S.C. § 1920.”
Establishes the legal basis for awarding costs to the prevailing party in Social Security cases under the Equal Access to Justice Act.
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Join FLexlaw to unlock all legal intelligencePlaintiff Zobel filed suit against the Commissioner of Social Security and moved for summary judgment. Judge Cannon granted Zobel's Motion for Summary…
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TO TAX COSTS [ECF Nos. 42, 45]
Plaintiff moves to tax costs following Judge Cannon's Order granting his Motion for Summary Judgment and remanding the matter to the Commissioner of Social Security to conduct further proceedings. ECF Nos. 31, 42, 45.
Plaintiff seeks reimbursement of $402.00 in costs for the filing fee paid in this case. ECF No. 45. The EAJA permits an award of costs to the prevailing party as enumerated in 28 U.S.C. § 1920. See 28 U.S.C. § 2412(a)(1), (d)(1)(A); Ochoa v. Commissioner of Social Security, No. 19-cv80802, 2020 WL 4208042, at *3 (S.D. Fla. July 22, 2020). Plaintiff is the prevailing party in this case. The filing fee is a taxable cost and should be awarded.
REPORT AND RECOMMENDATION
Accordingly, this Court RECOMMENDS that the District Court grant Plaintiff's Motion to Tax Costs in that Plaintiff recovers costs in the amount of $402.00.
NOTICE OF RIGHT TO OBJECT
A party shall serve and file written objections, if any, to this Report and Recommendation with the Honorable Aileen M. Cannon, United States District Court Judge for the Southern District of Florida, within FOURTEEN (14) DAYS of being served with a copy of this Report and Recommendation. Failure to timely file objections shall constitute a waiver of a party's "right to challenge on appeal the district court's order based on unobjected-to factual and legal conclusions." 11th Cir. R. 3-1 (2016).
If counsel do not intend to file objections, they shall file a notice advising the District Court within FIVE DAYS of this Report and Recommendation.
DONE and SUBMITTED in Chambers at West Palm Beach, Palm Beach County, in the Southern District of Florida, this 24th day of March 2025.
BRUCE E. REINHART UNITED STATES MAGISTRATE JUDGE
2
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Ariza Larrinua v. Comm'r of Soc. Sec., 2018 WL 7820219 (S.D. Fla. 2024)…illion when the complaint was filed; ---PAGE 2--- Case 1:24-cv-21165-KMM Document 26 Entered on FLSD Docket 12/17/2024 Page 2 of 4 and (5) no special circumstances would make the award of fees unjust.” Ochoa v. Comm’r of Soc. Sec., No. 19-80802-CIV, 2020 WL 4208042, at *1 (S.D. Fla. July 22, 2020) (citing 28 U.S.C. § 2412(d); Delaney v. Berryhill, No. 17-81332-CIV, 2018 WL 7820219, at *1 (S.D. Fla. Nov. 14, 2018)). A plaintiff in a social security appeal prevails if the court orders a sentence-four remand. See…
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Higgs v. O'Malley (S.D. Fla. 2025)…ial circumstances would make the award of fees unjust. 28 U.S.C. § 2412(d). A plaintiff in a social security appeal prevails if the court orders a sentence-four remand. Shalala v. Schaefer, 509 U.S. 292, 300–02 (1993); Ochoa v. Comm’r of Soc. Sec., 2020 WL 4208042, at *2 (S.D. Fla. July 22, 2020). An EAJA request is timely if made within 30 days of ---PAGE 2--- 2 Plaintiff cites entitlement to costs under 28 U.S.C. § 1304 once. DE 18 at 2. This appears to be inadvertent error. Given that Plaintiff does not…1 / 2
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Holsworth v. Soc. Sec. (S.D. Fla. 2025)…TS Plaintiff is also seeking reimbursement of $405.00 in costs for the filing fee paid in this case. ECF No. 26-5. The EAJA permits an award of costs. 28 U.S.C. § 2412(a)(1), (d)(1)(A); see Ochoa v. Commissioner of Social Security, No. 19-cv-80802, 2020 WL 4208042, at *3 (S.D. Fla. July 22, 2020). Further, the parties agree that Plaintiff is entitled to recover this cost. Accordingly, I recommend that the District Court award Plaintiff $405.00 in costs. 6 ---PAGE 7--- RECOMMENDATION Accordingly, I recommen…
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