White v. Commissioner of Social Security ( 2023 )

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION STANLEY WHITE, Plaintiff, v. Case No. 8:22-cv-2840-SCB-MRM COMMISSIONER OF SOCIAL SECURITY, Defendant. ____________________________/ O R D E R Before the Court is Plaintiff’s Motion for Award of Attorney Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d). (Doc. 21). The Motion was considered by the United States Magistrate Judge, pursuant to a specific order of referral. Magistrate Judge McCoy has filed his report recommending that the Motion be granted to the extent that Plaintiff be awarded attorney’s fees in the amount of $1,546.61, and that the Motion be denied to the extent it seeks any greater relief, including an order directing the Commissioner to abide by Plaintiff’s assignment. (Doc. 23, pp. 6, 7). The parties were afforded the opportunity to file objections to the Report and Recommendation, but no objections were filed. Upon consideration of the Report and Recommendation, as well as this Court’s independent examination of the record, it is determined that the Report and Recommendation (Doc. 23) should be adopted. Accordingly, it is ORDERED AND ADJUDGED that: (1) The Magistrate Judge’s Report and Recommendation (Doc. 23) is adopted and incorporated by reference in this Order. (2) Plaintiff’s Motion for Award of Attorney Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d) (Doc. 21) is GRANTED in part and DENIED in part. (3) The Motion is GRANTED to the extent that Plaintiff is awarded attorney’s fees in the amount of $1,546.61 pursuant to the EAJA, 28 U.S.C. § 2412(d). Otherwise, the Motion is DENIED. (4) If the United States Department of Treasury determines that Plaintiff does not owe a federal debt, the Commissioner may elect to waive the application of the Anti-Assignment Act to the fee award and pay the EAJA fee award directly to Plaintiff’s counsel. See Kerr v. Comm’r of Soc. Sec., 874 F.3d 926, 934-35 (6th Cir. 2017) (holding that unless the government waives application of the Anti-Assignment Act, fee awards under the EAJA must be paid to the prevailing party, not to the party’s lawyer); see also Arthur Pew Const. Co. v. Lipscomb, 965 F.2d 1559, 1576 (11th Cir. 1992) (holding that the government may recognize the 2 assignment of its obligations to another and waive the protection of anti-assignment statutes if it chooses). (5) The Clerk is directed to enter judgment in favor of Plaintiff and against Defendant for attorney’s fees in the amount of $1,546.61 pursuant to the EAJA, 28 U.S.C. § 2412(d). DONE AND ORDERED at Tampa, Florida, this 12th day of June 2023. —~ BZ wl_/ Ow (Brel SUSAN C. BUCKLEW United States District Judge Copies to: The Honorable Mac R. McCoy Counsel of Record