HAVARD
v.
COMMISSIONER OF SOCIAL SECURITY
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In this Social Security benefits case, the district court granted Ms. Havard's unopposed motion for attorney's fees under the Equal Access to Justice Act (EAJA) in the amount of $8,269.80 following a successful appeal that resulted in remand of the Commissioner's final decision.
Ms. Havard is entitled to $8,269.80 in attorney's fees under the EAJA. The fees may be offset to satisfy any pre-existing federal debt owed by Ms. Havard, and if she owes no federal debt, the fees will be paid directly to her assigned counsel.
[1] A prevailing party in a Social Security case may be awarded attorney's fees and costs against the United States under the Equal Access to Justice Act (EAJA).
[2] A court should grant a Social Security claimant's request for attorney's fees under the EAJA when the request is unopposed by the Commissioner.
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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 awarding attorney's fees to prevailing parties in cases against the United States.
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Join FLexlaw to unlock all legal intelligenceMs. Havard appealed the Commissioner of Social Security's final decision. A June 4, 2024 order remanded the Commissioner's decision under sentence fou…
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Case No.: 8:24-cv-00365-AAS
Sherry Lynn Havard moves for attorney's fees and costs 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. 4).
Ms. Havard requests $8,269.80 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. A June 4, 2024 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 of Court entered judgment in favor of Ms. Havard. (Doc. 19).
The Commissioner does not contest the following: Ms. Havard is the prevailing party; the Commissioner's position was not substantially justified; and Ms. Havard's attorney's fees request is reasonable. (Doc. 21, pp. 6–7). 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. Havard is entitled to $8,269.80 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. Havard owes a debt to the United States. Ms. Havard assigned her rights to EAJA fees to her attorney. (Doc. 21- 2). So, if Ms. Havard has no federal debt, the United States will accept her assignment of EAJA fees and pay the fees directly to counsel.
Accordingly, Ms. Havard motion for attorney's fees under the EAJA (Doc. 21) is GRANTED. Ms. Havard is awarded $8,269.80.
ORDERED in Tampa, Florida on August 8, 2024.
Amanda Arnold Samsone
AMANDA ARNOLD SANSONE
United States Magistrate Judge