Bredall v. Commissioner of Social Security

Filing 27

ORDER granting 26 Motion for Attorney's Fees. Signed by Magistrate Judge Amanda Arnold Sansone on 3/25/2019. (BEE)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
CONNOR BREDALL,
Plaintiff,
v.

Case No. 8:18-cv-597-T-AAS

NANCY A. BERRYHILL, Acting
Commissioner of Social Security
Administration,
Defendant.
______________________________________/
ORDER
Connor Bredall moves for an award of attorney’s fees, which the Commissioner
does not oppose. (Doc. 26). Mr. Bredall requests $6,420.96 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.
The March 4, 2019 order remanded the Commissioner’s final decision under
sentence four of 42 U.S.C. Section 405(g) for further administrative proceedings.
(Doc. 24). The Clerk entered judgment in Mr. Bredall’s favor. (Doc. 25). Mr. Bredall
now requests an award of attorney’s fees under the EAJA. (Doc. 26).
The Commissioner does not contest the following: Mr. Bredall is the prevailing
party; Mr. Bredall’s net worth was less than $2 million when he filed his complaint;
the Commissioner’s position was not substantially justified; no special circumstances
make an attorney’s fees award unjust; and Mr. Bredall’s attorney’s fees request is
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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. Bredall is entitled to $6,420.96 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 Mr. Bredall owes a debt to the United States. Mr. Bredall also
assigned his rights to EAJA fees to his attorney. So, if Mr. Bredall has no federal
debt, the United States will accept Mr. Bredall’s assignment of EAJA fees and pay
the fees directly to his counsel.
Accordingly, Mr. Bredall’s motion for attorney’s fees under the EAJA (Doc. 26)
is GRANTED. Mr. Bredall is awarded $6,420.96 in attorney’s fees.
ORDERED in Tampa, Florida on March 25, 2019.

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