CANNON
v.
COMMISSIONER OF SOCIAL SECURITY
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court granted the plaintiff's motion for attorney's fees under the Equal Access to Justice Act because the Commissioner did not oppose the request and the statutory criteria were met.
The plaintiff moved for attorney's fees and costs under the Equal Access to Justice Act after her case was remanded to the Commissioner for further ad…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Assignment Of Eaja Fees cases and more on FLexlaw
Candice Renea Cannon moves for attorney's fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412. (Doc. 24). The Commissioner does not oppose the motion. (Id., p. 4).
Ms. Cannon requests $10,007.70 in attorney and paralegal fees and $400.00 in filing costs. The EAJA permits awards for reasonable attorney's fees to a prevailing party against the United States. 28 U.S.C. § 2412. A January 8, 2025 order 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 of Court entered judgment in favor of Ms. Cannon. (Doc. 22).
The Commissioner does not contest the following: Ms. Cannon is the prevailing party; the Commissioner's position was not substantially justified; and Ms. Cannon's attorney's fees request is 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. Cannon is entitled to $10,007.70 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. Cannon owes a debt to the United States. Ms. Cannon assigned her rights to EAJA fees to her attorney. (Doc. 24- 2). So, if Ms. Cannon 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. Cannon's motion for attorney's fees under the EAJA (Doc. 24) is GRANTED. Ms. Cannon is awarded $10,007.70 in attorney's fees.
ORDERED in Tampa, Florida, on March 25, 2025.
Amanda Arnold Sansone
AMANDA ARNOLD SANSONE
United States Magistrate Judge
[fn 1]: Leland Dudek became Acting Commissioner of Social Security on February 16, 2025. Under Fed. R. Civ. P. 25(d), Leland Dudek is substituted as the defendant in this action. See 28 U.S.C. § 405(g).