Ruiz v. Kijakazi

Background

Ruiz filed the underlying case seeking review of the Commissioner of Social Security’s denial of his applications for Social Security Disability and Supplemental Security Income benefits. In November 2014, the court approved the parties’ agreement to reverse the decision and send the case back for further proceedings, and entered judgment for Ruiz.

In March 2015, the court awarded Ruiz $4,811.56 in attorney’s fees under the Equal Access to Justice Act (EAJA). After Ruiz ultimately prevailed in the administrative proceedings on remand, the court awarded another $35,000 in attorney’s fees under 42 U.S.C. § 406(b)(1)(A) in October 2021.

Motion to Compel Payment

Ruiz later moved to compel payment of the $35,000 fee award. The parties agreed that the Commissioner paid that award after Ruiz filed the motion. The remaining issue was whether Ruiz could recover $1,295.99 in attorney’s fees incurred in bringing the motion.

Ruiz sought those additional fees under the EAJA. The Commissioner argued that Ruiz was not the prevailing party because the Commissioner paid the § 406(b) award voluntarily and was not forced to pay it by a new court order. The Commissioner also argued that the motion was moot because payment had already occurred.

Court’s Ruling

Judge Susan Van Keulen granted Ruiz’s request for $1,295.99 in EAJA fees. The court reasoned that Ruiz had already succeeded in obtaining a reversal and remand, had prevailed in the administrative proceedings, and had obtained the court’s order awarding the § 406(b) fees. The Commissioner did not pay those fees until after Ruiz filed the motion to compel, despite two earlier informal requests from Ruiz’s counsel.

The court concluded that Ruiz was the prevailing party because there was a clear connection between the motion and the practical result—payment of the court-ordered fee award. Because the award had been paid, the court did not decide whether a different payment deadline would have been appropriate.