James F. v. Kijakazi

Background

James F. appealed the Social Security Administration’s denial of his application for disability benefits based on ischemic heart disease, chronic joint pain associated with psoriatic arthritis, severe cervical-spine stenosis and degeneration, and a nonsurgically fused left wrist. He filed a motion for summary judgment on July 31, 2022. Instead of opposing that motion, the government stipulated to a voluntary remand under 42 U.S.C. § 405(g), sentence four, for further proceedings.

After the remand, James F. moved for attorney’s fees under the Equal Access to Justice Act (EAJA), requesting $11,051.39. The Commissioner did not respond, and the response deadline passed.

Court’s analysis

The court explained that a party who obtains a sentence-four remand is considered a prevailing party for purposes of EAJA fees. The government must show that its position was substantially justified—that is, supported by a reasonable basis in both law and fact—or that special circumstances would make a fee award unjust. The court found that the government had not met that burden. It reasoned that the government’s agreement to remand showed that the position taken in its answer lacked a reasonable basis in law or fact, and that the government’s failure to oppose the fee motion also meant it had not established substantial justification.

The court separately evaluated whether the requested amount was reasonable. James F.’s attorney, Jared Walker, submitted a declaration showing 47.24 hours spent litigating the action. James F. requested statutory maximum hourly rates of $217.54 for work performed in 2021 and $234.95 for work performed in 2022. The court found the hours reasonable because the administrative record exceeded 1,700 pages and the summary-judgment brief raised three substantive legal issues with numerous arguments.

Disposition

The court GRANTED James F.’s motion for an award of attorney’s fees under the EAJA and awarded $11,051.39. The order directs that the award be paid directly to James F.’s counsel, The Law Offices of Jared T. Walker. Judge Jacquelyn Scott Corley stated that the order disposed of Docket No. 28.