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Date: 10-18-2021

Case Style:

James R. Mitchell v. Social Security Administration

Case Number: 0:20-cv-62434-KMW

Judge: Kathleen M. Williams

Court: United States District Court for the Southern District of Florida (Broward County)

Plaintiff's Attorney:


Best Fort Lauderdale Social Security Disability Lawyer Directory


Defendant's Attorney: Felipe Plechac-Diaz

Description: Fort Lauderdale, Florida social security disability lawyer represented Plaintiff seeking review of the denial of his application for SSID benefits by HHS.

Outcome: 11/17/2021 24 PAPERLESS REPORT AND RECOMMENDATION TO DISTRICT JUDGE. This cause comes before the Court upon 23 Plaintiff's Unopposed Petition for Attorney's Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d) (the "EAJA") (the "Motion"). Under the EAJA, a court generally must award reasonable attorney's fees to any party prevailing in litigation against the United States, unless the United States' position was "substantially justified" or "special circumstances make an award unjust." See 28 U.S.C. § 2412(d)(1)(A). Here, Plaintiff asserts (and Defendant does not dispute) that he is the prevailing party entitled to an award of attorney's fees and the undersigned is unaware of any special circumstances that would make an award unjust. See generally (ECF No. 23).

Plaintiff seeks an award of $4,495.46 for 21.2 hours at a rate of $212.05. Id. at 1, 2. Given the unopposed nature of the Motion, and having reviewed Plaintiff's counsel's itemized time entries, id. at 2, the undersigned finds Plaintiff's request for attorney's fees is reasonable. See, e.g., Moultry v. Saul, No. 19-CV-62546-RS (S.D. Fla. June 22, 2021) (ECF No. 27) (adopting the undersigned's recommendation to award attorney's fees under the EAJA); Carter v. Comm'r of Soc. Sec., No. 13-CV-931 OrL-22-TBS, 2014 WL 5454391, at *1 (M.D. Fla. Oct. 27, 2014) (adopting recommendation that plaintiff's request for attorney's fees and costs be granted in full given the United States' lack of opposition).

Accordingly, the undersigned respectfully RECOMMENDS that the Motion be GRANTED. Plaintiff should be awarded a total of $4,495.46 in fees to be paid to Plaintiff's counsel once the U.S. Department of the Treasury determines that Plaintiff owes no debt to the United States. See, e.g., Dibiasi v. Comm'r of Soc. Sec., No. 19-CV-62497-AOV (ECF No. 24) (recognizing that although courts disagree on whether payment can be made directly to counsel or to the litigant, there was no basis to disregard plaintiff's assignment and fees should be awarded to counsel).

Within seven (7) days after being served with a copy of this Report and Recommendation, any party may serve and file written objections to any of the above findings and recommendations as provided by the Local Rules for this District. 28 U.S.C. § 636(b)(1); S.D. Fla. Mag. R. 4(b). Failure to timely object waives the right to challenge on appeal the District Court's order based on unobjected-to factual and legal conclusions contained in this Report and Recommendation. 11th Cir. R. 3-1 (2021); see Thomas v. Arn, 474 U.S. 140 (1985).

Signed by Magistrate Judge Alicia O. Valle on 11/17/2021. (sd01) (Entered: 11/17/2021)

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