Hansen v. Commissioner of Social Security

United States District Court for the Middle District of Florida

Hansen v. Commissioner of Social Security

Trial Court Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

JAMIE LEIGH HANSEN,

Plaintiff, v. Case No. 8:24-cv-1355-UAM

MARTIN O’MALLEY, Commissioner of the Social Security Administration,

Defendant. ______________________________________/

ORDER The plaintiff Jamie Leigh Hansen moves unopposed for an award of $7,800.00 in attorney’s fees as the prevailing party under the Equal Access of Justice Act (“EAJA”),

28 U.S.C. § 2412

(d). Doc. 17. A September 18, 2024, order grants the Commissioner’s unopposed motion to remand under

42 U.S.C. § 405

(g). Doc. 13. The Clerk subsequently entered judgment in favor of Hansen. Doc. 15. As the prevailing party, Hansen now seeks an award of attorney’s fees under the EAJA. See

28 U.S.C. § 2414

(d)(1)(A); cf. Shalala v. Schaefer,

509 U.S. 292, 300-02

(1993) (concluding that a party who wins a sentence-four remand order under

42 U.S.C. § 405

(g) is a prevailing party), superseded by rule on other grounds, Fed. R. Civ. P. 58(c)(2)(B). After an order awarding EAJA fees, the United States Department of the Treasury determines whether Hansen owes a debt to the government. See Astrue v. Ratliff,

560 U.S. 586

, 592–93 (2010) (“A § 2412(d)(1)(A) attorney's fees award is payable to the litigant and is therefore subject to an offset to satisfy the litigant's pre- existing debt to the Government.”). Absent a federal debt, the government will accept her assignment of EAJA fees and pay the fees directly to her counsel. The Commissioner consents to the requested relief. Additionally, Hansen’s counsel files an itemized billing statement in support of the petition. Doc. 17-1. Therefore, for the reasons stated by Hansen, the motion for attorney fees under the EAJA, Doc. 17, is GRANTED. Hansen shall receive $7,800.00 in attorney’s fees under the EAJA. Unless the Department of Treasury determines that Hansen owes a federal debt, the defendant must pay the fees to Hansen’s counsel in accord with Hansen’s assignment of fees. See Doc. 17-2. ORDERED on this 17th day of January, 2025.

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NDSAY S. GRIBF United States Magistrate Judge

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