Thomas U. v. Berryhill

Background

Thomas U. requested $9,173.42 in attorney fees under the Equal Access to Justice Act, a federal statute that may require the government to pay reasonable fees to a party who prevailed in a qualifying civil action against the United States. The Commissioner did not object to the request.

The statute requires a fee application to show, among other things, that the applicant was a prevailing party, had a net worth below $2 million when the case began, and was seeking a stated amount supported by an itemized accounting of attorney time and fee rates. The opinion also states that only reasonable fees and expenses may be awarded and that the final amount is within the district court’s discretion.

Ruling

The court reviewed the entire file, including the itemization of hours and calculation of the applicable rate. It concluded that $9,173.42 was a reasonable attorney fee in this case.

The court granted Thomas U.’s motion for attorney fees under the Equal Access to Justice Act. It awarded $9,173.42, subject to an offset for any preexisting debt Thomas U. owes the United States. The Commissioner was ordered to pay the award, less any applicable offset, by November 24, 2019.

Judge

United States Magistrate Judge Katherine Menendez signed the order. The opinion addresses the attorney-fee request and does not state a separate ruling on the underlying Social Security dispute.