CURLEE
v.
COMMISSIONER OF SOCIAL SECURITY
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Ms. Curlee sought attorney's fees under the Equal Access to Justice Act (EAJA) following a successful remand of the Social Security Commissioner's final decision. The court granted her unopposed motion and awarded $9,336.87 in attorney's fees, with the amount subject to offset against any pre-existing federal debt.
Ms. Curlee is entitled to $9,336.87 in attorney's fees under the EAJA. The awarded fees may be offset to satisfy any pre-existing debt Ms. Curlee owes to the United States, and if no such debt exists, the fees will be paid directly to her counsel pursuant to her assignment of rights.
[1] A court should grant a Social Security claimant's request for attorney's fees under the Equal Access to Justice Act when the request is unopposed.
[2] A claimant who obtains a remand of their Social Security case under sentence four of 42 U.S.C. …
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Join FLexlaw to unlock all legal intelligence“The EAJA permits awards for reasonable attorney's fees to a prevailing party against the United States.”
Establishes the legal basis for the fee award.
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Join FLexlaw to unlock all legal intelligenceMs. Curlee was a claimant in a Social Security benefits case. On January 15, 2025, the court issued an order remanding the Commissioner's final decisi…
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Staci Lyn Curlee moves for attorney's fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412. (Doc. 22). The Commissioner does not oppose the motion. (Id., p. 4).
Ms. Curlee requests $9,336.87 in attorney and paralegal fees. The EAJA permits awards for reasonable attorney's fees to a prevailing party against the United States. 28 U.S.C. § 2412. A January 15, 2025 order remanded the Commissioner's final decision under sentence four of 42 U.S.C. Section 405(g) for further administrative proceedings. (Doc. 19). The Clerk of Court entered judgment in favor of Ms. Curlee. (Doc. 20).
1
The Commissioner does not contest the following: Ms. Curlee is the prevailing party; the Commissioner's position was not substantially justified; and Ms. Curlee'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. Curlee is entitled to $9,336.87 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. Curlee owes a debt to the United States. Ms. Curlee assigned her rights to EAJA fees to her attorney. (Doc. 22- 2). So, if Ms. Curlee 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. Curlee's motion for attorney's fees under the EAJA (Doc. 22) is GRANTED. Ms. Curlee is awarded $9,336.87 in attorney's fees.
ORDERED in Tampa, Florida, on April 7, 2025.
Amanda Arnold Samone
AMANDA ARNOLD SANSONE
United States Magistrate Judge
2
[fn 1]: Leland Dudek became Acting Commissioner of Social Security on February 16, 2025. Under Fed. R. Civ. P. 25(d), Leland Dudek is substituted as the defendant in this action. See 28 U.S.C. § 405(g).