Moss v. Bisignano
- Dulce Foster
- 0:25-cv-00050
- U.S. District Court · District of Minnesota
- 2
In Moss v. Bisignano, Judge Foster granted an unopposed motion awarding $7,878.43 in attorney's fees under the Equal Access to Justice Act following a Social Security remand.
Social Security claimants whose cases are remanded to the Commissioner and who seek attorney's fees under the Equal Access to Justice Act, as well as their attorneys who may receive fee payments subject to federal debt-offset rules.
What happened
In Moss v. Bisignano (Case No. 25-cv-00050), a plaintiff identified only as 'Jaime M.' had brought a Social Security case that was sent back (remanded) to the Commissioner of Social Security for further review, based on an agreement between the parties. After that remand, the plaintiff's attorney filed a motion asking the government to pay attorney's fees under a federal law called the Equal Access to Justice Act (EAJA), which allows a party who wins against the government to recover reasonable legal costs. The government did not oppose the request or the dollar amount sought.
The plaintiff asked for $7,878.43 in attorney's fees. The motion was unopposed, meaning the Social Security Commissioner — Frank Bisignano — agreed that the fees were appropriate. The court reviewed the plaintiff's submissions and the parties' agreement before ruling.
United States Magistrate Judge Dulce J. Foster granted the fee motion in full. The government is ordered to pay $7,878.43 in attorney's fees, though that amount may be reduced first to cover any existing debt the plaintiff owes to the federal government under a program called the Treasury Offset Program. If no such debt exists and the government waives a separate legal requirement, the fees will be paid directly to the plaintiff's law firm, Duncan Disability Law S.C. Otherwise, any remaining amount after offset will be paid by check to the plaintiff personally, with delivery in either case to the law firm's address in Nekoosa, Wisconsin.
The detailed version
- Moss v. Bisignano · No. 0:25-cv-00050
- Dulce J. Foster
- Sept. 11, 2025
Background
The plaintiff, identified in the record only as 'Jaime M.' pursuant to this district's privacy policy for Social Security cases, brought an action challenging a decision by the Commissioner of Social Security. The parties reached a stipulated agreement to remand the case to the Commissioner for further administrative proceedings (ECF No. 23). Following that remand, the plaintiff filed an Unopposed Motion for Attorney's Fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d) (ECF No. 27).
The Equal Access to Justice Act
The EAJA, codified at 28 U.S.C. § 2412(d)(1)(A), allows a prevailing party in a civil action against the United States to recover attorney's fees and costs, unless the government's position was substantially justified or special circumstances would make an award unjust. Fee awards in Social Security cases following remand are a common application of the EAJA.
Motion and Amount Sought
The plaintiff sought $7,878.43 in attorney's fees. The defendant, Commissioner Frank Bisignano, did not oppose the motion or the amount claimed. The court reviewed the plaintiff's submissions (ECF Nos. 27, 29) and the parties' agreement.
Ruling
Judge Foster granted the Fee Motion in its entirety. The court ordered the government to pay $7,878.43 in EAJA attorney's fees.
Offset and Payment Mechanics
Pursuant to the Supreme Court's decision in Astrue v. Ratliff, 560 U.S. 586 (2010), EAJA fees are payable to the litigant (not directly to counsel) and may be subject to offset to satisfy any preexisting debt the plaintiff owes to the United States under the Treasury Offset Program. The order sets out a conditional payment structure:
- If no debt exists and the Anti-Assignment Act is waived: The Commissioner, after determining that the plaintiff owes no offsettable debt and agreeing to waive the Anti-Assignment Act's requirements, shall make the EAJA fees payable to the plaintiff's law firm, Duncan Disability Law S.C. - If a debt exists: The offset is applied first, and any remaining fees are paid by check made out to the plaintiff.
In either scenario, the check is to be delivered to Duncan Disability Law S.C., 555 Birch Street, Nekoosa, WI 54457.
Parties' Counsel
The plaintiff's attorney is affiliated with Duncan Disability Law S.C. The opinion does not name plaintiff's counsel individually.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.