Little v. Commissioner of Social Security

Background

Darla Lynn Little appealed the Commissioner of Social Security’s denial of disability benefits. On September 14, 2023, the court approved the parties’ agreement to send the case back to the agency for further proceedings under section 205(g) of the Social Security Act, 42 U.S.C. § 405(g), sentence four. The remand required a new hearing, reevaluation of opinion evidence under the applicable regulation, further consideration of Little’s residual functional capacity, completion of the administrative record, and a new decision.

Little then moved for attorney’s fees and costs under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), seeking $7,996.62. The Commissioner did not respond to the motion.

Reasons for the Award

The court held that Little was a prevailing party because she obtained a remand in her Social Security case. The government had the burden of showing that its position was substantially justified, meaning reasonable enough to satisfy a reasonable person. The court found that the remand agreement reflected potential error and that the government had not shown its position was justified. It therefore concluded that fees should be awarded.

The court also found the requested amounts reasonable. Little sought an attorney rate of $242.78 per hour and a paralegal rate of $125 per hour. The court approved those rates, noting that the attorney rate reflected the Ninth Circuit’s cost-of-living-adjusted EAJA maximum for 2023. It also approved compensation for 29.9 hours of attorney work and 5.9 hours of paralegal work.

Disposition

The court granted Little’s motion for an EAJA award of $7,996.62. Because Little assigned her EAJA fees to Olinsky Law Group, the award was ordered paid directly to that firm, subject to any debt offset.