SANTORO
v.
COMMISSIONER OF SOCIAL SECURITY
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Plaintiff Michele Santoro, who prevailed in her Social Security benefits appeal, seeks attorney's fees under the Equal Access to Justice Act. The district court grants her unopposed motion, awarding $6,961.43 in reasonable attorney's fees, subject to potential offset for any federal debt owed by the claimant.
Ms. Santoro is entitled to $6,961.43 in attorney's fees under the EAJA as the prevailing party. The fees are subject to potential offset by the Department of Treasury if Ms. Santoro owes a pre-existing federal debt; if she has no such debt, the fees will be paid directly to her counsel per the assignment agreement.
[1] A prevailing party in a Social Security case may recover attorney's fees and costs against the United States under the Equal Access to Justice Act when the government's p…
[2] 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 by the Commissioner.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The EAJA permits awards for reasonable attorney's fees to a prevailing party against the United States. 28 U.S.C. § 2412.”
Establishes the statutory authority for awarding attorney's fees in this case.
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Join FLexlaw to unlock all legal intelligenceMs. Santoro appealed the Commissioner of Social Security Administration's final decision denying her benefits claim. On July 12, 2023, the district co…
The full statement of facts, procedural history, and disposition for this case are member content.
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Case No.: 8:23-cv-00345-AAS
Plaintiff Michele Santoro moves for attorney's fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. Section 2412. (Doc. 18). The Commissioner does not oppose the motion. (Id., p. 2).
Ms. Santoro requests $6,961.43 in attorney's fees. (Id., p. 1). The EAJA permits awards for reasonable attorney's fees to a prevailing party against the United States. 28 U.S.C. § 2412. A July, 12, 2023 order remanded the Commissioner's final decision under sentence four of 42 U.S.C. Section 405(g) for further administrative proceedings. (Doc. 16). The Clerk entered judgment in favor of Ms. Santoro. (Doc. 17).
The Commissioner does not contest the following: Ms. Santoro is the prevailing party; the Commissioner's position was not substantially justified; and Ms. Santoro's attorney's fees request is reasonable. (Doc. 18, pp. 1–2). A
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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. Santoro is entitled to $6,961.43 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. Santoro owes a debt to the United States. Ms. Santoro assigned her rights to EAJA fees to her attorney. (Doc. 18- 2). If Ms. Santoro 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. Santoro's motion for attorney's fees under the EAJA (Doc. 18) is GRANTED. Ms. Santoro is awarded $6,961.43 in attorney's fees.
ORDERED in Tampa, Florida on April 18, 2024.
Amanda Arnold Samone
AMANDA ARNOLD SANSONE
United States Magistrate Judge
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