Filed: Nov. 27, 2018
Latest Update: Nov. 27, 2018
Summary: ORDER AMANDA ARNOLD SANSONE , District Judge . Dina Autero moves for an award of attorney's fees, which the Commissioner does not oppose. (Doc. 23). Ms. Autero requests $6,494.07 in attorney's fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. Section 2412. The EAJA permits awards for reasonable attorney's fees to a prevailing party against the United States. 28 U.S.C. 2412. Ms. Autero's $6,494.07 in attorney's fees is the result of 33 hours her attorney Jeanette Kelley complet
Summary: ORDER AMANDA ARNOLD SANSONE , District Judge . Dina Autero moves for an award of attorney's fees, which the Commissioner does not oppose. (Doc. 23). Ms. Autero requests $6,494.07 in attorney's fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. Section 2412. The EAJA permits awards for reasonable attorney's fees to a prevailing party against the United States. 28 U.S.C. 2412. Ms. Autero's $6,494.07 in attorney's fees is the result of 33 hours her attorney Jeanette Kelley complete..
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ORDER
AMANDA ARNOLD SANSONE, District Judge.
Dina Autero moves for an award of attorney's fees, which the Commissioner does not oppose. (Doc. 23). Ms. Autero requests $6,494.07 in attorney's fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. Section 2412. The EAJA permits awards for reasonable attorney's fees to a prevailing party against the United States. 28 U.S.C. § 2412. Ms. Autero's $6,494.07 in attorney's fees is the result of 33 hours her attorney Jeanette Kelley completed at a $196.79 hourly rate. (Doc. 23, p. 2).1
The September 6th order reversed and remanded the Commissioner's final decision under sentence four of 42 U.S.C. Section 405(g) for further administrative proceedings. (Doc. 21). The Clerk entered judgment in Ms. Autero's favor shortly after. (Doc. 22). Ms. Autero now requests an award of attorney's fees under the EAJA because she was the prevailing party. (Doc. 23).2
The Commissioner does not contest the following: Ms. Autero is the prevailing party; Ms. Autero's net worth was less than $2 million when she filed her complaint; the Commissioner's position was not substantially justified; no special circumstances make an attorney's fees award unjust; and Ms. Autero's attorneys fees request is unreasonable. 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). Therefore, Ms. Autero is entitled to $6,494.07 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 this order, the United States Department of the Treasury will determine whether Ms. Autero owes a debt to the United States. Ms. Autero also assigned her rights to EAJA fees to her attorney. (Doc. 23-2). So, if Ms. Autero has no federal debt, the United States will accept Ms. Autero's assignment of EAJA fees and pay the fees directly to her counsel.
The Commissioner does not oppose Ms. Autero's request for attorney's fees. The following is therefore ORDERED:
1. Ms. Autero motion for attorney's fees under the EAJA, (Doc. 23) is GRANTED.
2. Ms. Autero is awarded $6,494.07 in attorney's fees under the EAJA.
