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Dupree v. Kijakazi

United States District Court, Middle District of Florida
Jan 6, 2022
8:20-cv-2496-AAS (M.D. Fla. Jan. 6, 2022)

Opinion

8:20-cv-2496-AAS

01-06-2022

HENRY DUPREE, JR., Plaintiff, v. KILOLO KIJAKAZI, [1] Commissioner, Social Security Administration, Defendant.


ORDER

AMANDA ARNOLD SANS ONE UNITED STATES MAGISTRATE JUDGE

Henry Dupree, Jr. moves for attorney's fees and costs under the Equal Access to Justice Act (EAJA), 28 U.S.C. Section 2412. (Doc. 19). The Commissioner does not oppose the motion. (Id. at p. 7).

Mr. Dupree requests $3, 055.06 in attorney's fees. 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 14, 2021 order remanded the case to the Commissioner under sentence four of 42 U.S.C. Section 405(g) for further administrative proceedings. (Doc. 17). The Clerk entered judgment in 1 favor of Mr. Dupree. (Doc. 18).

The Commissioner does not contest the following: Mr. Dupree is the prevailing party; Mr. Dupree's net worth was less than $2 million when he filed his complaint; the Commissioner's position was not substantially justified; and the Commissioner consents to the requested award of attorney's fees. 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-VMC-AEP, 2015 WL 7721334 (M.D. Fla. Nov. 30, 2015) (awarding unopposed attorney's fees request). No. special circumstances make an attorney's fees award in this matter unjust. Thus, Mr. Dupree is entitled to $3, 055.06 in attorney's fees. Further, Mr. Dupree is entitled to $400.00 in costs as reimbursement for filing fees. Powell v. Comm'r of Soc. Sec., 418 F.Supp.3d 1068, 1075 (M.D. Fla. 2019).

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 this order, the United States Department of the Treasury will determine whether Mr. Dupree owes a debt to the United States. Mr. Dupree assigned his rights to EAJA fees to his attorney. (Doc. 26, Ex. 1). If Mr. Dupree has no federal debt, the United States will accept his assignment of EAJA fees and pay the fees directly to counsel.

Accordingly, Mr. Dupree's motion for attorney's fees under the EAJA (Doc. 19) is 2 GRANTED. Mr. Dupree is awarded $3, 055.06 in attorney's fees and $400.00 in costs.

ORDERED 3


Summaries of

Dupree v. Kijakazi

United States District Court, Middle District of Florida
Jan 6, 2022
8:20-cv-2496-AAS (M.D. Fla. Jan. 6, 2022)
Case details for

Dupree v. Kijakazi

Case Details

Full title:HENRY DUPREE, JR., Plaintiff, v. KILOLO KIJAKAZI, [1] Commissioner, Social…

Court:United States District Court, Middle District of Florida

Date published: Jan 6, 2022

Citations

8:20-cv-2496-AAS (M.D. Fla. Jan. 6, 2022)