Jonathon Z. v. Bisignano
- Jeffrey Bryan
- 0:25-cv-00411
- U.S. District Court · District of Minnesota
- 3
In Jonathon Z. v. Bisignano, Judge Bryan granted Jonathon Z.'s unopposed motion for $10,366.00 in attorney fees under the Equal Access to Justice Act.
Social Security disability claimants who win remands of their cases and seek attorney fees from the government under the Equal Access to Justice Act, as well as attorneys who represent such claimants and seek direct payment of fee awards.
What happened
In Jonathon Z. v. Bisignano (Case No. 25-CV-00411), Jonathon Z. had challenged the government's denial of his Social Security disability benefits. The court previously sent the case back to the Social Security Administration for further review, which qualified Jonathon Z. as a 'prevailing party' entitled to seek attorney fees from the government under a federal law called the Equal Access to Justice Act (EAJA), which allows winning parties to recover legal costs when the government's position was not substantially justified.
Plaintiff's attorney sought fees at an adjusted rate of $260.00 per hour for 37.1 hours of attorney work and $120.00 per hour for 6.0 hours of paralegal work, both in 2025, totaling $10,366.00. The attorney supported the higher-than-statutory hourly rate by pointing to the cost of living in the New York and New Jersey region. The government did not oppose the motion or the requested amounts.
Judge Jeffrey M. Bryan granted the motion and awarded Jonathon Z. $10,366.00 in attorney fees under the EAJA. The fees are to be paid directly to Jonathon Z.'s law firm, Konoski & Partners, P.C., though the opinion notes that the payment may be reduced if Jonathon Z. owes any existing debt to the federal government.
The detailed version
- Jonathon Z. v. Bisignano · No. 0:25-cv-00411
- Jeffrey M. Bryan
- Nov. 26, 2025
Background
Jonathon Z. filed suit challenging the denial of Social Security disability benefits. The court previously remanded (sent back) the case to the Social Security Administration pursuant to sentence four of 42 U.S.C. § 405(g), a statutory provision that allows a federal court to affirm, modify, or reverse a Social Security decision, or to remand it for further proceedings. That prior remand order resolved the underlying Social Security dispute; this order addresses only the follow-on question of attorney fees.
Legal Standard for EAJA Fees
The Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), allows a prevailing party in a civil action against the United States to recover attorney fees, provided the government's position was not "substantially justified." The statute sets a baseline rate of $125 per hour but permits higher rates if the cost of living or other special factors justify an increase. Fee awards may also cover paralegal work. Stockton v. Shalala, 36 F.3d 49, 50 (8th Cir. 1994).
A party who wins a sentence-four remand is treated as a "prevailing party" under the EAJA. Shalala v. Schaefer, 509 U.S. 292, 302 (1993).
Prevailing Party and Substantial Justification
The court found that Jonathon Z. qualified as a prevailing party based on the prior sentence-four remand. Jonathon Z. asserted that the government's position in the underlying case was not substantially justified. The government did not oppose this assertion or the fee motion generally, and the deadline for doing so had passed.
Requested Fees
Counsel sought: - Lead attorney: $260.00/hour × 37.1 hours (2025) - Paralegal: $120.00/hour × 6.0 hours (2025) - Total: $10,366.00
Counsel cited the cost of living index for the New York and New Jersey region to support the above-statutory hourly rate of $260.00. The court found the hours and rates reasonable and appropriate under the EAJA, noting the absence of any government objection.
Direction of Payment
Jonathon Z. requested that the fee award be paid directly to his law firm, Konoski & Partners, P.C., based on a waiver and assignment he signed. The court noted that pursuant to Astrue v. Ratliff, 560 U.S. 586, 593 (2010), the fee payment may be subject to offset (reduction) to satisfy any preexisting debt Jonathon Z. owes to the United States government. Jonathon Z. acknowledged this possibility, and the government did not oppose the direct-payment request.
Ruling
Judge Bryan granted Plaintiff's motion (Doc. No. 20) and awarded Jonathon Z. $10,366.00 in attorney fees under the EAJA, payable directly to Konoski & Partners, P.C., subject to any administrative offset for outstanding federal debt, if any exists.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.