JUAREZ
v.
COMMISSIONER OF SOCIAL SECURITY
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Mario Juarez, a Social Security claimant who prevailed in obtaining remand and subsequent affirmation of an ALJ decision, seeks attorney's fees and costs under the Equal Access to Justice Act (EAJA). The court granted his unopposed motion, awarding $1,002.94 in attorney's fees and $400.00 in filing costs, with potential offset for any federal debt owed by Juarez.
Mr. Juarez is entitled to $1,002.94 in attorney's fees and $400.00 in costs under the EAJA. The court granted the unopposed motion, as the Commissioner did not contest Juarez's status as the prevailing party, the lack of substantial justification for the Commissioner's position, or the reasonableness of the requested fees and costs.
[1] A prevailing party in a Social Security case may recover reasonable attorney's fees and costs from the United States under the Equal Access to Justice Act (EAJA).
[2] A court should grant a Social Security claimant's unopposed request for attorney's fees and costs under the EAJA.
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Join FLexlaw to unlock all legal intelligence“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 award of attorney's fees and costs in this matter.
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Join FLexlaw to unlock all legal intelligenceMario Juarez challenged the Commissioner's denial of Social Security benefits. On March 31, 2023, the court remanded the Commissioner's final decision…
The full statement of facts, procedural history, and disposition for this case are member content.
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Case No.: 8:23-cv-51-AAS
Mario Juarez moves for attorney's fees and costs under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412. (Doc. 20). The Commissioner does not oppose the motion. (Id., p. 7).
Mr. Juarez requests $1,002.94 in attorney's fees and $400.00 in filing costs. The EAJA permits awards for reasonable attorney's fees and costs to a prevailing party against the United States. 28 U.S.C. § 2412. A March 31, 2023 order remanded the Commissioner's final decision under sentence six of 42 U.S.C. § 405(g) for further administrative proceedings. (Doc. 15). The Clerk of Court entered judgment in favor of Mr. Juarez (Doc. 18) after an August 29, 2024 order affirming a subsequent ALJ decision (Doc. 17).
The Commissioner does not contest the following: Mr. Juarez is the prevailing party; the Commissioner's position was not substantially justified;
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and Mr. Juarez's attorney's fees and costs request is reasonable. (Doc. 20, pp. 1-3). 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, Mr. Juarez is entitled to $1,002.94 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 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 Mr. Juarez owes a debt to the United States. Mr. Juarez assigned his rights to EAJA fees to his attorney. (Doc. 20- 2). So, if Mr. Juarez has no federal debt, the United States will accept his assignment of EAJA fees and pay the fees directly to counsel.
Accordingly, it is ORDERED that Mr. Juarez's motion for attorney's fees and costs under the EAJA (Doc. 20) is GRANTED. Mr. Juarez is awarded $1,002.94 in attorney's fees and $400.00 in costs.
ORDERED in Tampa, Florida, on December 2, 2024.
Amanda Arnold Samone
AMANDA ARNOLD SANSONE
United States Magistrate Judge
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