LAUNIKITIS
v.
COMMISSIONER OF SOCIAL SECURITY
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Launikitis, the prevailing party in a Social Security remand case, seeks and obtains attorney's fees and costs under the Equal Access to Justice Act (EAJA). The court grants his unopposed motion for $3,210.96 in attorney's fees and $400.00 in filing costs.
Launikitis is entitled to $3,210.96 in attorney's fees and $400.00 in filing costs under the EAJA as the prevailing party in the remand action.
[1] A party who obtains a sentence-four remand order under 42 U.S.C. …
[2] Attorney's fees awarded under the Equal Access to Justice Act are payable to the litigant and are subject to offset to satisfy the litigant's pre-existing debt to the gov…
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Join FLexlaw to unlock all legal intelligence“a party who wins a sentence-four remand order under 42 U.S.C. § 405(g) is a prevailing party”
Establishes that Launikitis qualifies as a prevailing party entitled to EAJA fees
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Join FLexlaw to unlock all legal intelligenceLaunikitis filed a Social Security case against the Commissioner. The Commissioner moved unopposed to remand the action under 42 U.S.C. § 405(g), sent…
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The plaintiff Stephen Launikitis moves unopposed for an award of $3,210.96 in attorney's fees and $400.00 in filing costs as the prevailing party under the Equal Access of Justice Act (the “EAJA”), 28 U.S.C. § 2412(d). Doc. 19. Shortly after Launikitis filed his opening brief, the Commissioner moved unopposed to remand this action under sentence four of 42 U.S.C. § 405(g). Doc. 15. An order granted that motion, and the Clerk entered a judgement in favor of Launikitis and against the Commissioner. Docs. 16-17.
As the prevailing party, Launikitis timely¹ moves for an award of attorney's fees under the EAJA. See 28 U.S.C. § 2414(d)(1)(A); cf. Shalala v. Schaefer, 509 U.S. 1 The plaintiff in a social security case has thirty days beyond the sixty-day appeal window to apply for fees and other expenses under the EAJA, for a total of 90 days after judgment. See 28 U.S.C. § 2412(d)(1)(B), (d)(2)(G); Fed. R. App. P. 4(a)(1)(B); Gates v. Barnhart, 325 F. Supp. 2d 1342, 1343 (M.D. Fla. 2002). Here, Launikitis timely filed his application for fees on May 6, 2025, Doc. 19, seventy days after judgment. Docs. 17, 19. See also Fed. R. Civ. P. 6(a)(1)(C).
292, 300-02 (1993) (concluding that a party who wins a sentence-four remand order under 42 U.S.C. § 405(g) is a prevailing party), superseded by rule on other grounds, Fed. R. Civ. P. 58(c)(2)(B). Launikitis also seeks an award of $400.00 for filing costs, which are compensable under the EAJA. 28 U.S.C. § 2412(a)(1) & (d)(1)(A). After an order awarding EAJA fees, the United States Department of the Treasury determines whether Launikitis owes a debt to the government. See Astrue v. Ratliff, 560 U.S. 586, 592–93 (2010) (“A § 2412(d)(1)(A) attorney's fees award is payable to the litigant and is therefore subject to an offset to satisfy the litigant's pre-existing debt to the Government.”). Absent a federal debt, the government will accept Launikitis's assignment of EAJA fees and pay the fees directly to his counsel.
The Commissioner consents to the requested relief. Additionally, Launikitis's counsel files an affidavit in support of the motion and an itemized billing statement. Docs. 19 at 5-7, 19-1. For the reasons stated by Launikitis, the unopposed motion, Doc. 19, is GRANTED. Launikitis shall receive $3,210.96 in attorney's fees and $400.00 in costs under the EAJA. Unless the Department of Treasury determines that Launikitis owes a federal debt, the defendant must pay the fees to his counsel in accord with Launikitis's assignment of fees. Doc. 19-2.
ORDERED on this 14th day of May, 2025.
LINDSAY S. GRIFFIN
United States Magistrate Judge
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