STOKELY
v.
COMMISSIONER OF SOCIAL SECURITY
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James Alexander Stokely, Jr. sought attorney's fees and costs under the Equal Access to Justice Act (EAJA) following a successful Social Security Administration appeal. The court granted his unopposed motion, awarding $4,022.84 in attorney's fees and $402.00 in costs, subject to potential offset for any federal debts owed by the claimant.
The court granted Stokely's unopposed motion for attorney's fees and costs, awarding $4,022.84 in attorney's fees and $402.00 in costs under the EAJA. The awarded fees are subject to potential offset against any pre-existing federal debt owed by the claimant, and if no debt exists, the fees will be paid directly to counsel pursuant to Stokely's assignment of rights.
Stokely obtained a favorable January 31, 2024 remand order of the Social Security Commissioner's final decision under 42 U.S.C. Section 405(g), making…
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James Alexander Stokely, Jr. 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. 3).
Mr. Stokely requests $4,022.84 in attorney's fees and $402.00 in costs. (Id., p. 3). 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 January 31, 2024 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 entered judgment in favor of Mr. Stokely. (Doc. 20).
The Commissioner does not contest the following: Mr. Stokely is the prevailing party; the Commissioner's position was not substantially justified; and Mr. Stokely'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, Mr. Stokely is entitled to $4,022.84 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 Mr. Stokely owes a debt to the United States. Mr. Stokely assigned his rights to EAJA fees to his attorney. (Doc. 21- 1). So, if Mr. Stokely 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. Stokely's motion for attorney's fees and costs under the EAJA (Doc. 21) is GRANTED. Mr. Stokely is awarded $4,022.84 in attorney's fees and $402.00 in costs.
ORDERED in Tampa, Florida on March 8, 2024.
Amanda Arnold Samone
AMANDA ARNOLD SANSONE
United States Magistrate Judge
[fn 1]: On December 20, 2023, Martin O'Malley became the Commissioner of the Social Security Administration.