Johnny M. v. Bisignano
- Dulce Foster
- 0:25-cv-02568
- U.S. District Court · District of Minnesota
- 2
In Johnny M. v. Bisignano, Magistrate Judge Foster granted an unopposed request for $5,952.00 in attorney fees under the Equal Access to Justice Act after the Social Security case was sent back for further review.
Social Security claimants and their attorneys who obtain remands of their cases and seek attorney fee awards under the Equal Access to Justice Act (EAJA), particularly those in the District of Minnesota.
What happened
In Johnny M. v. Frank Bisignano, Commissioner of Social Security (Case No. 25-cv-02568), a Social Security claimant sought attorney fees after his case was sent back to the Social Security Administration for additional proceedings. The parties had previously agreed—through a joint stipulation—to remand the case, meaning neither side contested the underlying decision to return it for further review. Following that remand, the plaintiff's attorney filed an unopposed motion asking the court to award $5,952.00 in legal fees under the Equal Access to Justice Act (EAJA), a federal law that allows certain litigants who win against the government to recover attorney fees.
The government did not oppose the fee request. The court reviewed the plaintiff's submissions and found the requested amount to be reasonable given the circumstances of the case and the parties' agreement.
Magistrate Judge Dulce J. Foster granted the fee motion in full, ordering the government to pay $5,952.00 in attorney fees. The order notes that under a Supreme Court decision called Astrue v. Ratliff, these fees may first be applied to any debt the plaintiff owes the federal government. If no such debt exists and the government waives a federal law called the Anti-Assignment Act, the fees will be paid directly to the plaintiff's law firm, Greeman Toomey PLLC in Minneapolis. If a debt does exist, any remaining fees after offset will be paid by check to the plaintiff personally.
The detailed version
- Johnny M. v. Bisignano · No. 0:25-cv-02568
- Dulce J. Foster
- Mar. 17, 2026
Background
This is a Social Security benefits case in which the plaintiff, identified only as Johnny M. (consistent with the District of Minnesota's policy of using first name and last initial in Social Security cases), challenged a decision by the Commissioner of Social Security. The case was resolved before a merits ruling: the parties stipulated—meaning they agreed without a court fight—to remand the case to the Commissioner for further administrative proceedings. The court approved that stipulation (ECF No. 20).
Following the remand, the plaintiff filed the present motion seeking attorney fees.
Legal Basis for the Fee Award
The motion was brought under the Equal Access to Justice Act (EAJA), codified at 28 U.S.C. § 2412(d)(1)(A). The EAJA generally allows a prevailing party in a civil action against the United States government to recover attorney fees, provided the government's position was not substantially justified. Here, because the government did not oppose the motion, the court did not separately analyze substantial justification; it relied on the parties' agreement and the plaintiff's submitted documentation to find the request reasonable.
The Fee Award
The court granted the fee motion and ordered the government to pay $5,952.00 in attorney fees. No hourly rate breakdown or itemization is detailed in the order itself, but the court referenced the plaintiff's submissions (ECF Nos. 26–30) as the basis for finding the amount reasonable.
Payment Mechanics and Offset Rules
The order addresses how payment will be made, consistent with the Supreme Court's ruling 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 offset against any pre-existing debt the plaintiff owes to the federal government through the Treasury Offset Program.
The order sets up a two-track payment structure: - No debt owed / Anti-Assignment Act waived: If the Commissioner determines the plaintiff owes no debt subject to offset, and if the Commissioner waives the requirements of the Anti-Assignment Act (a federal law that generally prohibits assignment of government payments to third parties), then the fees will be paid to the plaintiff's attorney's law firm, Greeman Toomey PLLC. - Debt owed: If the plaintiff does owe a debt subject to offset, any remaining fees after the offset is applied will be paid by check made out to the plaintiff.
In either scenario, the physical check is to be delivered to Greeman Toomey PLLC, 250 Second Ave. S., Suite 120, Minneapolis, MN 55401. The plaintiff's attorney of record is identified as James H. Greeman.
Disposition
The court granted the fee motion. The government is ordered to pay $5,952.00 in EAJA attorney fees, subject to the offset and payment procedures described above.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.