UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

MARY CANTWELL,

Plaintiff, v. Case No. 8:25-cv-00520-WFJ-AAS

FRANK BISIGNANO, Commissioner of the Social Security Administration,1

Defendant. ______________________________________/ REPORT AND RECOMMENDATION

Mary Cantwell moves for attorney’s fees under the Equal Access to Justice Act (EAJA),

. (Doc. 21). The Commissioner does not oppose the motion. (Id., p. 2). Ms. Cantwell requests $2,673.72 in attorney’s fees. The EAJA permits awards for reasonable attorney’s fees to a prevailing party against the United States.

. An August 26, 2025 order remanded the Commissioner’s final decision under sentence four of

(g) for further administrative proceedings. (Doc. 18). The Clerk entered judgment

1 Frank Bisignano became the Commissioner of Social Security on May 7, 2025. Under Rule 25(d) of the Federal Rules of Civil Procedure, Mr. Bisignano should be substituted as the defendant in this suit.

1 in Ms. Cantwell’s favor. (Doc. 19). The Commissioner does not contest the following: Ms. Cantwell is the

prevailing party; Ms. Cantwell’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. Cantwell’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. Cantwell is entitled to $2,673.72 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 an order, the United States Department of the Treasury will determine whether Ms. Cantwell owes a debt to the United

States. Ms. Cantwell assigned her rights to EAJA fees to her attorney. (Doc. 21-1). So, if Ms. Cantwell has no federal debt, the United States will accept her assignment of EAJA fees and pay the fees directly to counsel. Accordingly, it is RECOMMENDED that Ms. Cantwell’s motion for

attorney’s fees under the EAJA (Doc. 21) be GRANTED. Ms. Cantwell should be awarded $2,673.72 in attorney’s fees. 2 ENTERED in Tampa, Florida, on November 18, 2025.

AMANDA ARNOLD SANSONE United States Magistrate Judge

NOTICE TO PARTIES The parties have fourteen days from the date they are served a copy of this report to file written objections to this report’s proposed findings and recommendations or to seek an extension of the fourteen-day deadline to file written objections.

(b)(1); 11th Cir. R. 3-1. A party’s failure to object timely in accordance with

(b)(1) waives that party’s right to challenge on appeal the district court’s order adopting this report’s unobjected-to factual findings and legal conclusions. 11th Cir. R. 3-1.