Heizler v. Bisignano
- John Tunheim
- 0:25-cv-00425
- U.S. District Court · District of Minnesota
- 2
In Jeffrey H. v. Bisignano, Magistrate Judge Foster granted the plaintiff's unopposed motion for $5,670.21 in attorney fees under the Equal Access to Justice Act following remand of a Social Security case.
Social Security claimants whose cases are remanded to the Commissioner and who seek attorney fees under the Equal Access to Justice Act, as well as their attorneys seeking direct payment of awarded fees.
What happened
In Jeffrey H. v. Bisignano (Case No. 25-cv-00425), a Social Security appeal filed in the U.S. District Court for the District of Minnesota, the plaintiff sought attorney fees after the case was sent back to the Social Security Commissioner for further administrative proceedings. The remand was based on a stipulation — a mutual agreement — between the parties, meaning the case was not decided on the merits by the court.
The plaintiff asked the court to award $5,670.21 in attorney fees under the Equal Access to Justice Act (EAJA), a federal law that allows certain parties who prevail against the government to recover attorney fees. The government did not oppose the fee request or the dollar amount.
Magistrate Judge Dulce J. Foster granted the fee motion and ordered the government to pay $5,670.21 in attorney fees. The order notes that the fees may first be applied to offset any debt the plaintiff owes to the United States under the Treasury Offset Program, following U.S. Supreme Court precedent. If no such debt exists and the government waives a separate requirement, the payment will go directly to the plaintiff's law firm, Greeman Toomey PLLC.
The detailed version
- Heizler v. Bisignano · No. 0:25-cv-00425
- John Tunheim
- Sept. 5, 2025
Background
The plaintiff, identified only as Jeffrey H. pursuant to a district court privacy policy of using only first names and last initials, brought this action against Frank Bisignano, Commissioner of Social Security. The underlying case was remanded — sent back — to the Commissioner for further administrative proceedings based on a stipulation (a formal agreement) between the parties. The record does not reflect a merits ruling by the court on the underlying Social Security claim.
The Fee Motion
Following remand, the plaintiff filed a Motion for Attorney Fees seeking $5,670.21 under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d)(1)(A). The EAJA is a federal statute that allows a prevailing party in a civil action against the United States to recover attorney fees unless the government's position was substantially justified or special circumstances make an award unjust. The defendant Commissioner did not oppose the motion or the amount requested.
The Court's Ruling
Magistrate Judge Dulce J. Foster granted the fee motion based on the parties' agreement and the EAJA. The government is ordered to pay $5,670.21 in attorney fees.
Treasury Offset and Payment Instructions
The order addresses how payment will be made, consistent with the U.S. Supreme Court's decision in Astrue v. Ratliff, 560 U.S. 586 (2010), which held that EAJA fees are payable to the litigant, not automatically to counsel, and may be subject to offset for debts the plaintiff owes the United States under the Treasury Offset Program.
Under this order: - If the Commissioner determines the plaintiff owes no debt subject to the Treasury Offset Program and agrees to waive the Anti-Assignment Act's requirements, the fees will be paid to the plaintiff's law firm, Greeman Toomey PLLC. - If a debt is owed under the Treasury Offset Program (preventing a waiver of the Anti-Assignment Act), any remaining fees after offset will be paid by check made out directly to the plaintiff.
Regardless of to whom the check is made out, all payments are to be delivered to Greeman Toomey PLLC, 250 Second Avenue South, Suite 120, Minneapolis, MN 55401.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.