Nicholas J. v. Bisignano
- Dulce Foster
- 0:25-cv-02007
- U.S. District Court · District of Minnesota
- 2
In Nicholas J. v. Bisignano, Magistrate Judge Foster granted an unopposed motion awarding $8,000 in attorney fees and $405 in costs under the Equal Access to Justice Act.
Social Security claimants and their attorneys who seek reimbursement of legal fees from the federal government under the Equal Access to Justice Act after prevailing in Social Security appeals.
What happened
This case, Nicholas J. v. Bisignano, is a Social Security matter in which the plaintiff sought attorney fees and costs after the litigation concluded. The plaintiff filed an unopposed motion asking the court to award $8,000 in attorney fees and $405 in costs under the Equal Access to Justice Act — a federal law that allows prevailing parties to recover legal fees from the government when the government's position was not substantially justified.
The defendant, the Commissioner of Social Security, did not oppose the motion. The parties submitted supporting documents to justify the amounts requested. No disputed legal issues were before the court; the only question was whether to approve the agreed-upon fee award.
Magistrate Judge Dulce J. Foster granted the motion. The court ordered the government to pay $8,000 in attorney fees and $405 in costs. The order notes that the fees may be reduced (offset) if the plaintiff owes a preexisting debt to the federal government. If no such debt exists and the Commissioner waives certain assignment restrictions, the fees will be paid directly to plaintiff's attorney's firm, Konoski & Partners, P.C. If a debt subject to offset exists, any remaining fees after offset will be paid by check to the plaintiff.
The detailed version
- Nicholas J. v. Bisignano · No. 0:25-cv-02007
- Dulce J. Foster
- Nov. 14, 2025
Background
This is a Social Security appeal in the United States District Court for the District of Minnesota. The plaintiff is identified only as "Nicholas J." pursuant to the District's policy of using only the first name and last initial of nongovernmental parties in Social Security matters. The defendant is Frank Bisignano, Commissioner of Social Security.
Following the conclusion of the underlying Social Security dispute, the plaintiff filed an unopposed motion for an award of attorney fees and costs under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d)(1)(A). The EAJA provides that a prevailing party may recover attorney fees from the federal government unless the government's position was substantially justified or special circumstances make an award unjust. The plaintiff requested $8,000 in attorney fees and $405 in costs. The Commissioner of Social Security did not oppose the motion.
Ruling
Magistrate Judge Dulce J. Foster granted the motion based on the parties' agreement and the plaintiff's supporting documents. The court ordered the government to pay $8,000 in attorney fees and $405 in costs.
Fee Payment and Offset Conditions
The court addressed the payment mechanics in accordance with Astrue v. Ratliff, 560 U.S. 586 (2010), which held that EAJA fees are awarded to the prevailing party (not directly to counsel) and may be subject to offset to satisfy any preexisting debt the plaintiff owes to the United States through the Treasury Offset Program.
The court set out a conditional payment structure:
- If no debt is owed and the Anti-Assignment Act is waived: The Commissioner, upon determining that the plaintiff does not owe a debt subject to offset and agreeing to waive the requirements of the Anti-Assignment Act, shall make the EAJA fees payable to plaintiff's attorney's firm, Konoski & Partners, P.C. - If a debt is owed: If there is a debt subject to the Treasury Offset Program and the Commissioner cannot waive the Anti-Assignment Act requirements, any remaining EAJA fees after offset shall be paid by check made out to the plaintiff.
Regardless of to whom the check is made out, all checks are to be delivered to plaintiff's attorney at Konoski & Partners, P.C., 180 Tices Lane, Suite 204, Building A, East Brunswick, NJ 08816.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.