UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

MARIO JUAREZ,

Plaintiff, v. Case No.: 8:23-cv-51-AAS

MARTIN O’MALLEY, Commissioner of Social Security Administration,

Defendant. _________________________________________/

ORDER Mario Juarez moves for attorney’s fees and costs under the Equal Access to Justice Act (EAJA),

. (Doc. 20). The Commissioner does not oppose the motion. (Id., p. 7). Mr. Juarez requests $1,002.94 in attorney’s fees and $400.00 in filing costs. The EAJA permits awards for reasonable attorney’s fees and costs to a prevailing party against the United States.

. A March 31, 2023 order remanded the Commissioner’s final decision under sentence six of

(g) for further administrative proceedings. (Doc. 15). The Clerk of Court entered judgment in favor of Mr. Juarez (Doc. 18) after an August 29, 2024 order affirming a subsequent ALJ decision (Doc. 17). The Commissioner does not contest the following: Mr. Juarez is the prevailing party; the Commissioner’s position was not substantially justified; and Mr. Juarez’s attorney’s fees and costs request is reasonable. (Doc. 20, pp. 1-3). A court should grant a Social Security claimant’s request for attorney’s fees when it is unopposed. See Jones v. Colvin, No. 8:138-CV-2900-T-33AEP,

(M.D. Fla. Nov. 30, 2015) (awarding unopposed attorney’s fees request). Thus, Mr. Juarez is entitled to $1,002.94 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,

(2010). Following an order, the United States Department of the Treasury will determine whether Mr. Juarez owes a debt to the United States. Mr. Juarez assigned his rights to EAJA fees to his attorney. (Doc. 20- 2). So, if Mr. Juarez has no federal debt, the United States will accept his assignment of EAJA fees and pay the fees directly to counsel. Accordingly, itis ORDERED that Mr. Juarez’s motion for attorney’s fees and costs under the EAJA (Doc. 20) is GRANTED. Mr. Juarez is awarded $1,002.94 in attorney’s fees and $400.00 in costs. ORDERED in Tampa, Florida, on December 2, 2024.

Aranda. Apne Samora AMANDA ARNOLD SANSONE | United States Magistrate Judge