Andersen v. Commissioner of Social Security

Filing 23

ORDER granting 22 Motion for Attorney Fees. Signed by Magistrate Judge Amanda Arnold Sansone on 1/18/2023. (SFC)

Case 8:22-cv-00630-AAS Document 23 Filed 01/18/23 Page 1 of 2 PageID 691

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
JORDAN JOEL ANDERSEN,
v.

Plaintiff,

Case No. 8:22-cv-630-AAS

KILOLO KIJAKAZI, Acting Commissioner,
Social Security Administration,
Defendant.
____________________________________/
ORDER
Jordan Joel Andersen moves for attorney’s fees and costs under the
Equal Access to Justice Act (EAJA), 28 U.S.C. Section 2412. (Doc. 22). The
Commissioner does not oppose the motion. (Id. at 2).
Mr. Andersen requests $4,529.59 in attorney’s fees. (Id. at 1). 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 19, 2022 order
remanded the Commissioner’s final decision under sentence four of 42 U.S.C.
Section 405(g) for further administrative proceedings. (Doc. 20). The Clerk
entered judgment in Mr. Andersen. (Doc. 21).
The Commissioner does not contest the following: Mr. Andersen is the
prevailing party; Mr. Andersen’s net worth was less than $2 million when he
filed his complaint; the Commissioner’s position was not substantially
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Case 8:22-cv-00630-AAS Document 23 Filed 01/18/23 Page 2 of 2 PageID 692

justified; and Mr. Andersen’s attorney’s fees request are reasonable. (Doc. 22,
pp. 2–4). 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-T33AEP, 2015 WL 7721334 (M.D. Fla. Nov. 30, 2015) (awarding unopposed
attorney’s fees request). Thus, Mr. Andersen is entitled to $4,529.59 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 an order, the United States Department of
the Treasury will determine whether Mr. Andersen owes a debt to the United
States. Mr. Andersen assigned his rights to EAJA fees to his attorney. (Doc.
22, Ex. 11). So, if Mr. Andersen 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. Andersen’s motion for attorney’s
fees under the EAJA (Doc. 22) be GRANTED. Mr. Andersen is awarded
$4,529.59 in attorney’s fees.
ORDERED in Tampa, Florida on January 18, 2023.

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