Sing O. v. Dudek

Background

Sing O. filed the underlying case seeking judicial review of the Acting Commissioner of Social Security’s final decision denying his application for Disability Insurance Benefits. On February 21, 2025, the court remanded the case to the Acting Commissioner under sentence four of 42 U.S.C. § 405(g).

Sing O. then moved for attorney’s fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412. He requested $3,587.50 for 20.50 hours of work performed from 2023 through 2024, calculated at an hourly rate of $175.

EAJA Requirements

The EAJA generally permits a court to award reasonable attorney’s fees to a party that prevailed in a civil action against the United States unless the government’s position was substantially justified or special circumstances would make an award unfair. The government bears the burden of showing substantial justification.

The government did not argue that its position was substantially justified and did not object to the requested amount. The court nevertheless independently reviewed whether the requested fees were reasonable.

Reasonableness of the Requested Fees

The court explained that the EAJA ordinarily limits attorney’s fees to $125 per hour, but permits a higher rate when an increase in the cost of living or another special factor justifies it. The court found that the requested $175 hourly rate was largely consistent with a cost-of-living adjustment supported by the Consumer Price Index.

The court also reviewed the itemized time records and concluded that 20.50 hours of work and the legal work performed were neither excessive nor unreasonable.

Ruling

The court granted Sing O.’s Motion for Award of Attorney’s Fees Pursuant to the Equal Access to Justice Act. It awarded $3,587.50 in reasonable attorney’s fees.

Consistent with the EAJA and the Supreme Court’s decision in Astrue v. Ratliff, the award is payable to Sing O. as the litigant and is subject to an offset to satisfy any pre-existing debts Sing O. may owe to the United States.