MARY CANTWELL
v.
FRANK BISIGNANO, COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION
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 recommended granting the plaintiff's unopposed motion for attorney's fees under the Equal Access to Justice Act.
[1] Attorney's fees awarded to a prevailing party under the Equal Access to Justice Act in Social Security cases may be offset to satisfy any pre-existing debt owed by the cl…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceThe plaintiff moved for attorney's fees under the EAJA after her case was remanded and judgment entered in her favor. The Commissioner of Social Secur…
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 Offset For Pre-Existing Debt To The United States cases and more on FLexlaw
Mary Cantwell moves for attorney's fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. Section 2412. (Doc. 21). The Commissioner does not oppose the motion. (Id., p. 2).
Ms. Cantwell requests $2,673.72 in attorney's fees. The EAJA permits awards for reasonable attorney's fees to a prevailing party against the United States. 28 U.S.C. § 2412. An August 26, 2025 order remanded the Commissioner's final decision under sentence four of 42 U.S.C. Section 405(g) for further administrative proceedings. (Doc. 18). The Clerk entered judgment
1
in Ms. Cantwell's favor. (Doc. 19).
The Commissioner does not contest the following: Ms. Cantwell is the prevailing party; Ms. Cantwell's net worth was less than $2 million when she filed her complaint; the Commissioner's position was not substantially justified; no special circumstances make an attorney's fees award unjust; and Ms. Cantwell's attorney's fees request is reasonable. A court should grant a Social Security claimant's request for attorney's fees when it is unopposed. See Jones v. Colvin, No. 8:13-CV-2900-T-33AEP, 2015 WL 7721334 (M.D. Fla. Nov. 30, 2015) (awarding unopposed attorney's fees request). Thus, Ms. Cantwell is entitled to $2,673.72 in attorney's fees.
Attorney's fees awarded to a claimant under the EAJA can be offset to satisfy the claimant's pre-existing debt to the United States. Astrue v. Ratliff, 560 U.S. 586, 589 (2010). Following an order, the United States Department of the Treasury will determine whether Ms. Cantwell owes a debt to the United States. Ms. Cantwell assigned her rights to EAJA fees to her attorney. (Doc. 21-1). So, if Ms. Cantwell has no federal debt, the United States will accept her assignment of EAJA fees and pay the fees directly to counsel.
Accordingly, it is RECOMMENDED that Ms. Cantwell's motion for attorney's fees under the EAJA (Doc. 21) be GRANTED. Ms. Cantwell should be awarded $2,673.72 in attorney's fees.
2
ENTERED in Tampa, Florida, on November 18, 2025.
Amanda Arnold Sansone
AMANDA ARNOLD SANSONE
United States Magistrate Judge
NOTICE TO PARTIES
The parties have fourteen days from the date they are served a copy of this report to file written objections to this report's proposed findings and recommendations or to seek an extension of the fourteen-day deadline to file written objections. 28 U.S.C. § 636(b)(1); 11th Cir. R. 3-1. A party's failure to object timely in accordance with 28 U.S.C. § 636(b)(1) waives that party's right to challenge on appeal the district court's order adopting this report's unobjected-to factual findings and legal conclusions. 11th Cir. R. 3-1.
3
[fn 1]: Frank Bisignano became the Commissioner of Social Security on May 7, 2025. Under Rule 25(d) of the Federal Rules of Civil Procedure, Mr. Bisignano should be substituted as the defendant in this suit.