Smith v. Commissioner of Social Security

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

LATRESSA SMITH,

Plaintiff, v. Case No.: 8:22-cv-981-AAS

KILOLO KIJAKAZI, Acting Commissioner of Social Security Administration,

Defendant. _________________________________________/

ORDER Latressa Smith moves for attorney’s fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. Section 2412. (Doc. 33). The Commissioner does not oppose the motion. (Id. at p. 2). Ms. Smith requests $5,866.50 in attorney’s fees. (Id.). The EAJA permits awards for reasonable attorney’s fees and costs to a prevailing party against the United States. 28 U.S.C. § 2412. An April 25, 2023 order remanded the Commissioner’s final decision under sentence four of 42 U.S.C. Section 405(g) for further administrative proceedings. (Doc. 31). The Clerk entered judgment in Ms. Smith’s favor. (Doc. 32). The Commissioner does not contest the following: Ms. Smith is the prevailing party; the Commissioner’s position was not substantially justified; and Ms. Smith’s attorney’s fees request are 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. Smith is entitled to $5,866.50 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. Smith owes a debt to the United States. Ms. Smith assigned his rights to EAJA fees to his attorney. (Doc. 38, p. 6). So, if Ms. Smith has no federal debt, the United States will accept her assignment of EAJA fees and pay the fees directly to counsel. Accordingly, Ms. Smith’s motion for attorney’s fees under the EAJA (Doc. 33) 1s GRANTED. Ms. Smith is awarded $5,866.50 in attorney’s fees. ORDERED in Tampa, Florida on June 27, 2023. Aranda. Arne ih Sane. AMANDA ARNOLD SANSONE United States Magistrate Judge