KELLY VIRGINIA MAY
v.
FRANK BISIGNANO, COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION
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Kelly Virginia May sought attorney's fees under the Equal Access to Justice Act after prevailing in a Social Security benefits appeal. The district court granted her unopposed motion for $7,032.98 in attorney's fees, with the fees subject to offset for any pre-existing federal debt.
Ms. May is the prevailing party entitled to $7,032.98 in attorney's fees under the EAJA. The court granted her unopposed motion, finding that Ms. May is the prevailing party, the Commissioner's position was not substantially justified, and the fee request is reasonable.
“The EAJA permits awards for reasonable attorney's fees and costs to a prevailing party against the United States. 28 U.S.C. § 2412.”
Establishes the statutory basis for the attorney's fees award.
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Join FLexlaw to unlock all legal intelligenceMs. May appealed a final decision by the Social Security Administration Commissioner denying her benefits. An August 12, 2025 order remanded the Commi…
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Plaintiff Kelly Virginia May moves for attorney's fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. Section 2412. (Doc. 30). The Commissioner does not oppose the motion. (Doc. 31).
Ms. May requests $7,032.98 in attorney's fees. The EAJA permits awards for reasonable attorney's fees and costs to a prevailing party against the United States. 28 U.S.C. § 2412. An August 12, 2025 order remanded the Commissioner's final decision under sentence four of 42 U.S.C. Section 405(g) for further administrative proceedings. (Doc. 27). The Clerk of Court entered judgment in favor of Ms. May. (Doc. 28).
The Commissioner does not contest the following: Ms. May is the prevailing party; the Commissioner's position was not substantially justified; and Ms. May 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-33AЕР, 2015 WL 7721334 (M.D. Fla. Nov. 30, 2015) (awarding unopposed attorney's fees request). Thus, Ms. May is entitled to $7,032.98 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. May owes a debt to the United States. Ms. May assigned her rights to EAJA fees to her attorney. (Doc. 30, p. 15). So, if Ms. May has no federal debt, the United States will accept her assignment of EAJA fees and pay the fees directly to counsel.
Accordingly, it is ORDERED that Ms. May's motion for attorney's fees under the EAJA (Doc. 30) is GRANTED. Ms. May is awarded $7,032.98 in attorney's fees.
ORDERED in Tampa, Florida, on November 18, 2025.
Amanda Arnold Samone
AMANDA ARNOLD SANSONE
United States Magistrate Judge
2
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May v. Bisignano (M.D. Fla. 2025)…ssioner's position was not substantially justified; and Ms. May 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-33AЕР, 2015 WL 7721334 (M.D. Fla. Nov. 30, 2015) (awarding unopposed attorney's fees request). Thus, Ms. May is entitled to $7,032.98 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…1 / 2
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Cantwell v. Bisignano (M.D. Fla. 2025)…tances 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-33AЕР, 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 t…1 / 2
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Trybalski v. Comm'r of Soc. Sec. (M.D. Fla. 2025)…was not substantially justified; and Mr. Trybalski's attorney's fees and costs 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-33АЕР, 2015 WL 7721334 (M.D. Fla. Nov. 30, 2015) (awarding unopposed attorney's fees request). Thus, Mr. Trybalski is entitled to $6,497.47 in attorney's fees and $400.00 in filing costs. Attorney's fees awarded to a claimant under the EAJA can be offset to satisfy the c…1 / 2
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- May v. Bisignano (M.D. Fla. 2025)