M.Y. v. Dudek
- Elizabeth Wright
- 0:24-cv-00563
- U.S. District Court · District of Minnesota
- 5
In M.Y. v. Dudek, Judge Wright granted M.Y.’s fee motion and stipulation, awarding $7,905 in attorney’s fees and no costs.
M.Y. receives a $7,905 attorney’s-fee award, subject to any required offset for qualifying debts owed to the United States; the defendant must send the payment in M.Y.’s name to her counsel after any offset.
What happened
M.Y. v. Dudek concerned M.Y.’s request for fees after the court remanded her challenge to the denial of her applications for disability benefits and Supplemental Security Income. The parties agreed to an award under the Equal Access to Justice Act.
The court reviewed the requested work and hourly rate. It found that 36.7 hours of work were reasonable and approved the parties’ agreed amount of $7,905, rather than the $8,964 originally requested. The award included no costs.
Judge Elizabeth Cowan Wright granted the fee motion and joint stipulation as stated. The payment is owed to M.Y. as the litigant, may be reduced to cover qualifying debts to the United States, and must then be sent in M.Y.’s name to her counsel’s office.
The detailed version
- M.Y. v. Dudek · No. 0:24-cv-00563
- Elizabeth Wright
- Apr. 29, 2025
Background
M.Y. filed the case seeking judicial review of the Social Security Administration’s final decision denying her applications for Supplemental Security Income and Disability Insurance Benefits. On March 3, 2025, the court remanded the case to the Commissioner under sentence four of 42 U.S.C. § 405(g), based on the parties’ joint stipulation.
M.Y. then filed a motion for attorney’s fees under the Equal Access to Justice Act (EAJA). The parties submitted a joint stipulation agreeing to $7,905 in attorney’s fees and no costs. The government did not argue that its position was substantially justified and agreed with M.Y. on the amount, but the court still had to determine whether the requested award was reasonable.
Court’s analysis
M.Y.’s motion requested $8,964 for 36.7 hours of work at an hourly rate of $249. The stipulated award of $7,905 for the same 36.7 hours amounted to an hourly rate of $215.40. The court explained that the EAJA generally limits fees to $125 per hour, but permits a higher rate when an increase in the cost of living justifies it. The court found that the $215.40 rate was largely consistent with the cost-of-living adjustment supported by the Consumer Price Index.
After reviewing the itemized time records, the court found that the 36.7 hours and the legal work were not excessive or unreasonable.
Ruling
The court granted M.Y.’s motion for attorney’s fees and the parties’ joint stipulation as follows: M.Y. was awarded $7,905 in reasonable attorney’s fees under the EAJA, with no costs. The award is payable to M.Y. as the litigant and may be offset to satisfy qualifying pre-existing debts owed to the United States. After any required offset, the defendant must send the payment in M.Y.’s name to M.Y.’s counsel at Livgard & Lloyd PLLP. The court ordered judgment entered accordingly.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.