UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

TONIA AMAYA MUNOZ,

Plaintiff, v. Case No. 8:20-CV-1885-AAS

KILOLO KIJAKAZI,1 Commissioner, Social Security Administration,

Defendant. ______________________________________/ ORDER

Plaintiff Tonia Amaya Munoz moves for attorney’s fees and costs under the Equal Access to Justice Act (EAJA),

. (Doc. 24). The Commissioner does not oppose the motion. (Id. at p. 2). Ms. Munoz requests $3,008.74 in attorney’s fees. The EAJA permits awards for reasonable attorney’s fees and expenses to a prevailing party against the United States.

. An October 14, 2021 order remanded the case to the Commissioner under sentence four of

(g) for further administrative proceedings. (Doc. 21). The Clerk

1 Kilolo Kijakazi is now the Acting Commissioner of Social Security and is automatically substituted as a party pursuant to Fed. R. Civ. P. 25(d). See also Section 205(g) of the Social Security Act, 42 USC 405(g) (action survives regardless of any change in the person occupying the office of Commissioner of Social Security). 1 entered judgment in favor of Ms. Munoz.2 (Doc. 22). The Commissioner does not contest the following: Ms. Munoz is the

prevailing party; Ms. Munoz’s net worth was less than $2 million when she filed her complaint; the Commissioner’s position was not substantially justified; no special circumstances make an attorney’s fees award unjust; and Ms. Munoz’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,

(M.D. Fla. Nov. 30, 2015) (awarding unopposed attorney’s fees request). Thus, Ms. Munoz is entitled to $3,008.74 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,

(2010). Following this order, the United States Department of the Treasury will determine whether Ms. Munoz owes a debt to the United

States. Ms. Munoz assigned her rights to EAJA fees to her attorney. (Doc. 24- 2). If Ms. Munoz has no federal debt, the United States will accept her assignment of EAJA fees and pay the fees directly to counsel. Accordingly, Ms. Munoz’s motion for attorney’s fees under the EAJA

2 On October 18, 2021, the court amended the order remanding the ALJ’s decision only to correct a scrivener’s error in the conclusion. (See Doc. 23). 2 (Doc. 24) is GRANTED. Ms. Munoz is awarded $3,008.74 in attorney’s fees. ORDERED in Tampa, Florida on December 22, 2021. Aranda. Ayre □□ Sarma. AMANDA ARNOLD SANSONE United States Magistrate Judge