Pruitt v. Commissioner of Social Security et al

Filing 22

ORDER granting 20 Motion for Attorney's Fees. Signed by Magistrate Judge Amanda Arnold Sansone on 2/5/2019. (BEE)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
PAUL PRUITT,
Plaintiff,
v.

Case No. 8:17-cv-2355-T-AAS

NANCY A. BERRYHILL, Deputy
Commissioner of Operations,
Social Security Administration,
Defendant.
______________________________________/
ORDER
Paul Pruitt moves for an award of attorney’s fees and costs, which the
Commissioner does not oppose. (Doc. 20). Mr. Pruitt requests $3,885.67 in attorney’s
fees, and $400.00 in filing costs, under the Equal Access to Justice Act (EAJA), 28
U.S.C. Section 2412. The EAJA permits awards for reasonable attorney’s fees and
filing costs to a prevailing party against the United States. 28 U.S.C. § 2412.
The November 5, 2018 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. 17). The Clerk entered judgment in Mr. Pruitt’s favor. (Doc. 18).
Mr. Pruitt now requests an award of attorney’s fees and filing costs under the EAJA.
(Doc. 20).
The Commissioner does not contest the following: Mr. Pruitt is the prevailing
party; Mr. Pruitt’s net worth was less than $2 million when he filed his complaint;
the Commissioner’s position was not substantially justified; no special circumstances
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make an attorney’s fees award unjust; and Mr. Pruitt’s attorney’s 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, Mr. Pruitt is entitled to $3,885.67 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 this order, the United States Department of the Treasury will
determine whether Mr. Pruitt owes a debt to the United States. Mr. Pruitt also
assigned his rights to EAJA fees to his attorney. (Doc. 20-2). So, if Mr. Pruitt has no
federal debt, the United States will accept Mr. Pruitt’s assignment of EAJA fees and
pay the fees directly to his counsel.
Accordingly, it is ORDERED that Mr. Pruitt’s motion for attorney’s fees under
the EAJA (Doc. 20) is GRANTED. Mr. Pruitt is awarded $3,885.67 in attorney’s fees
and $400.00 in filing costs.
ENTERED in Tampa, Florida on February 5, 2019.

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