Chaz J. F. v. Colvin
- Laura Provinzino
- 0:24-cv-00096
- U.S. District Court · District of Minnesota
- 5
In Chaz J. F. v. Dudek, Judge Provinzino granted Chaz J. F.’s motion and awarded $5,676.25 in disability-appeal attorneys’ fees.
Chaz J. F. received an award of $5,676.25 in attorneys’ fees from the Commissioner under the Equal Access to Justice Act, subject to offset for qualifying pre-existing debts to the United States.
What happened
In Chaz J. F. v. Leland Dudek, Chaz J. F. challenged the denial of his application for disability benefits. In an earlier order, the court granted part of his motion and sent the case back to the Social Security Administration for further proceedings.
Chaz J. F. then requested $5,676.25 in attorneys’ fees under the Equal Access to Justice Act, a federal law that can require the government to pay fees to a successful party. The Commissioner did not oppose the request.
Judge Laura M. Provinzino granted the motion and awarded $5,676.25. The award covers 23.75 hours at $239 per hour and is payable to Chaz J. F., subject to possible offset for qualifying debts to the United States.
The detailed version
- Chaz J. F. v. Colvin · No. 0:24-cv-00096
- Laura M. Provinzino
- Mar. 4, 2025
Background
Chaz J. F. appealed the denial of his application for disability benefits by the Acting Commissioner of Social Security. On January 13, 2025, the Court granted in part Chaz J. F.’s motion for judgment on the administrative record and remanded the case to the Social Security Administration for further proceedings under sentence four of 42 U.S.C. § 405(g).
Chaz J. F. moved for $5,676.25 in attorneys’ fees under the Equal Access to Justice Act (EAJA). The Commissioner did not oppose the motion.
Entitlement to Fees
The EAJA permits an award of attorneys’ fees to a prevailing plaintiff in an action reviewing a denial of disability benefits unless the government’s position was substantially justified or special circumstances would make an award unjust.
The Court held that Chaz J. F. was a prevailing party because the earlier sentence-four remand qualified him for that status. The burden therefore shifted to the Commissioner to show that the government’s position was substantially justified or that an award would be unjust. The Commissioner did not make either argument. The Court accordingly held that Chaz J. F. was entitled to an EAJA fee award.
Reasonableness of the Fees
The Court found that Chaz J. F.’s attorneys reasonably spent 23.75 hours on the case. Although the EAJA generally limits fees to $125 per hour, the statute allows a higher rate when justified by increased costs of living or a special factor.
Chaz J. F. requested an adjusted rate of $239 per hour based on his attorneys’ Social Security experience and increased living costs. The Court approved that rate after considering the Consumer Price Index and the attorneys’ work during 2024. The resulting calculation was 23.75 hours multiplied by $239 per hour, totaling $5,676.25.
Ruling
Judge Laura M. Provinzino granted Chaz J. F.’s motion for attorneys’ fees. The Court awarded him $5,676.25 under the EAJA. The award is payable to Chaz J. F. as the litigant and may be reduced to satisfy pre-existing debts he owes to the United States.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.