Gregory F. v. Dudek

Background

On January 27, 2025, the court granted in part Gregory 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). Gregory F. then moved for attorneys’ fees under the Equal Access to Justice Act (EAJA).

The motion requested $6,512.25. The Commissioner conceded that an award was appropriate.

Eligibility for Fees

The EAJA permits an award of attorneys’ fees to a prevailing plaintiff in an action seeking judicial review of 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 Gregory F. was a prevailing party because the sentence-four remand qualified him as such. Because the Commissioner did not argue that the government’s position was substantially justified, the court found Gregory F. entitled to EAJA fees.

Reasonableness of the Request

The court evaluated the requested fees using the lodestar method, which multiplies the reasonable hours worked by a reasonable hourly rate. Gregory F.’s attorneys reported 27.25 hours, which the court found reasonable.

The attorneys requested $239 per hour. Although the EAJA generally sets a $125 hourly cap, the court explained that a cost-of-living adjustment may justify a higher rate. Gregory F.’s attorneys calculated the adjusted rate using the 2024 average Consumer Price Index for urban consumers and the March 1996 index used when the statutory cap was enacted. Because the attorneys mostly worked on the case in 2024, the court found the $239 hourly rate reasonable.

Disposition

The court granted Gregory F.’s motion for attorneys’ fees. It awarded $6,512.75, representing 27.25 hours at $239 per hour, under the EAJA. The award is payable to Gregory F. as the litigant and is subject to offset for any pre-existing debts he may owe to the United States. The court directed that judgment be entered.