WEBER
v.
COMMISSIONER OF SOCIAL SECURITY
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Christopher Weber, a Social Security claimant, moved for attorney's fees and costs under the Equal Access to Justice Act (EAJA) following a successful remand of the Commissioner's final decision. The court granted the unopposed motion, awarding Weber $2,874.28 in attorney's fees and $400.00 in costs, with the award subject to potential offset for any pre-existing federal debt.
Mr. Weber is entitled to $2,874.28 in attorney's fees and $400.00 in costs under the EAJA. The attorney's fees award is subject to offset by the United States Department of the Treasury to satisfy any pre-existing debt Weber owes to the United States.
[1] 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.
[2] Attorney's fees awarded to a claimant under the Equal Access to Justice Act can be offset to satisfy the claimant's pre-existing debt to the United States.
Previewing 2 of 3 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 and costs to a prevailing party against the United States. 28 U.S.C. § 2412.”
Establishes the legal basis for awarding attorney's fees and costs in this case.
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Join FLexlaw to unlock all legal intelligenceAn October 28, 2024 order remanded the Commissioner's final decision under sentence four of 42 U.S.C. Section 405(g) for further administrative procee…
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Case No.: 8:23-CV-2723-AAS
Christopher Weber moves for attorney's fees and costs under the Equal Access to Justice Act (EAJA), 28 U.S.C. Section 2412. (Doc. 24). The Commissioner does not oppose the motion. (Id., p. 2).
Mr. Weber requests $2,874.28 in attorney's fees and $400.00 in filing costs. 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 October 28, 2024 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 Mr. Weber. (Doc. 22).
The Commissioner does not contest the following: Mr. Weber is the prevailing party; the Commissioner's position was not substantially justified; and Mr. Weber's attorney's fees and costs request is reasonable. (Doc. 24, pp.
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1-3). 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. Weber is entitled to $2,874.28 in attorney's fees and $400.00 in filing costs.
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. Weber owes a debt to the United States. Mr. Weber assigned his rights to EAJA fees to his attorney. (Doc. 24- 2). So, if Mr. Weber 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. Weber's motion for attorney's fees and costs under the EAJA (Doc. 24) is GRANTED. Mr. Weber is awarded $2,874.28 in attorney's fees and $400.00 in costs.
ORDERED in Tampa, Florida, on December 12, 2024.
Amanda Arnold Samone
AMANDA ARNOLD SANSONE
United States Magistrate Judge
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