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Date: 12-09-2022
Case Style:
Hoyal Victro Hymphreys v. Social Security Administration
Case Number: 2:21-cv-234
Judge: Debra C. Poplin
Court: United States District Court for the Eastern District of Tennessee (Knox County)
Plaintiff's Attorney:
Having exhausted his administrative remedies, Plaintiff filed a Complaint with this Court on June 28, 2021, seeking judicial review of the Commissioner's final decision under Section 405(g) of the Social Security Act [Doc. 1].
On April 27, 2022, Plaintiff filed a Motion for Judgment on the Administrative Record [Doc. 17]. On June 6, 2022, the parties filed a Joint Motion for Entry of Judgment Under Sentence Four, 42 U.S.C. § 405(g) [Doc. 20]. Based upon the parties' joint motion, the Court entered an Order of Remand Under Sentence Four of 42 U.S.C. § 405(g) [Doc. 21] on June 7, 2022, along with a Judgment [Doc. 22] in which the Court granted the joint motion to remand, denied as moot Plaintiff's motion for judgment on the administrative record, and remanded the case for further proceedings.
On August 31, 2022, Plaintiff filed the instant Notice of Motion for Attorney's Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412 [Doc. 23], and Attorney's Affirmation in Support of Motion for EAJA Fees [Doc. 24]. The Commissioner then filed Defendant's Response to Plaintiff's Application for Attorney Fees Pursuant to the Equal Access to Justice Act [Doc. 27] on September 29, 2022. The Commissioner states in the response she has “no objection to an award of EAJA fees in the amount of $4,724.80” and “agrees that Plaintiff should be compensated for the filing fee of $402.00,” with the caveat it should be paid from the Judgment Fund administered by the United States Treasury since “[t]he filing fee is a cost which is distinguished from an expense under the EAJA” [Id. at 1 (citing 28 U.S.C. § 2412(a))]. The Commissioner's response omits any reference to Plaintiff's request for $17.58 in expenses.
Outcome: Based upon the foregoing, the Court finds that Plaintiff's Notice of Motion for Attorney's Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412 [Doc. 23] is well-taken, and the same is GRANTED. The Court ORDERS an award of EAJA fees and expenses in the amount of $4,292.38 to be paid to Plaintiff under EAJA, 28 U.S.C. § 2412(d) as well as an award of EAJA costs in the amount of $402.00 to be paid to Plaintiff under EAJA, 28 U.S.C. § 2412(a). In accordance with Astrue v. Ratliff, 560 U.S. 586 (2010), the EAJA fees and expenses are payable to Plaintiff as the litigant and may be subject to offset a pre-existing debt that the litigant owes to the United States. If Plaintiff owes no debt to the United States, the payment of EAJA fees and expenses can be made directly to Plaintiff's counsel per the assignment.
Plaintiff's Experts:
Defendant's Experts:
Comments: