Gain v. Commissioner of Social Security

Filing 26

ORDER granting 25 Motion for Attorney's Fees. Signed by Magistrate Judge Amanda Arnold Sansone on 4/26/2021. (BEE)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
KENT W. GAIN, SR.,
v.

Plaintiff,

Case No. 8:18-cv-1389- AAS

ANDREW SAUL,
Commissioner,
Social Security Administration,
Defendant.
______________________________________/
ORDER
Kent W. Gain, Sr., moves for attorney’s fees and costs under the Equal
Access to Justice Act (EAJA), 28 U.S.C. Section 2412. (Doc. 25). The
Commissioner does not oppose the motion. (Id. at pp. 2-3). Mr. Gain requests
$6,547.46 in attorney’s fees. The EAJA permits awards for reasonable
attorney’s fees and expenses to a prevailing party against the United States.
28 U.S.C. § 2412.
A February 6, 2019 order remanded the case to the Commissioner under
sentence four of 42 U.S.C. Section 405(g) for further administrative
proceedings. (Doc. 21). The Clerk entered judgment in favor of Mr. Gain. (Doc.
22). Mr. Gain now requests an award of attorney’s fees under the EAJA. (Doc.
25).
1

The Commissioner does not contest the following: Mr. Gain is the
prevailing party; Mr. Gain’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. Gain’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, Mr. Gain is entitled to
$6,547.46 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. Gain owes a debt to the United
States. Mr. Gain assigned his rights to EAJA fees to his attorney. (Doc. 25, pp.
6-7). If Mr. Gain has no federal debt, the United States will accept his
assignment of EAJA fees and pay the fees directly to counsel.
Accordingly, Mr. Gain’s motion for attorney’s fees under the EAJA (Doc.
25) is GRANTED. Mr. Gain is awarded $6,547.46 in attorney’s fees.

2

ORDERED in Tampa, Florida on April 26, 2021.

3