GARZA
v.
COMMISSIONER OF SOCIAL SECURITY

M.D. Fla. | 2023-12-04
No. 33
District Court, M.D. Florida (2023)

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Holding

The court granted the plaintiff's unopposed motion for attorney's fees under the Equal Access to Justice Act.

Facts & Procedural History

Plaintiff sued the Commissioner of Social Security after disability benefits were denied. The court reversed and remanded the case, entering judgment …

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Topics
Assignment Of Attorney'S Fees Equal Access To Justice Act Final Judgment

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Opinion of the Court

Copies furnished to: Counsel of Record Unrepresented Parties

Footnotes
3 Plaintiff's motion references an assignment of EAJA fees from Plaintiff to counsel. Doc. No. 33, at 2. See also Doc. No. 33-1. However, Plaintiff states only that “after the Court issues an order awarding EAJA fees to Plaintiff, the Commissioner will determine whether Plaintiff owes a debt to the government. If the U.S. Department of the Treasury determines that Plaintiff does not owe a federal debt, the government will accept [...] assignment of EAJA fees and pay fees directly to Plaintiff's counsel.” Doc. No. 33, at 2. The government may exercise its discretion to honor Plaintiff's assignment of attorney’s fees awarded under the EAJA if the government determines that Plaintiff does not owe a federal debt, but the Court will not order the government to do so.

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