Heather J. S. v. Kijakazi

Background

Heather J. S. brought an action seeking judicial review of the Commissioner of Social Security’s discontinuation of her disability benefits. The parties filed cross-motions for summary judgment. In an earlier order, the court concluded that the Administrative Law Judge improperly found that Heather J. S.’s entitlement to benefits had ceased because of medical improvement. The court remanded the case to the Commissioner for further proceedings.

Fee request

Heather J. S. moved for attorney fees under the Equal Access to Justice Act, a federal law that can require an award of fees to a party who prevails in a civil action against the United States unless the government’s position was substantially justified or special circumstances would make an award unfair. She requested $7,098.73 for 34.3 hours of work. The Commissioner did not object to the motion or the requested amount.

Ruling

The court found the requested fees reasonable and fair. It granted Heather J. S.’s motion for an attorney-fee award under the Equal Access to Justice Act and awarded $7,098.73 in reasonable attorney fees. The award is subject to offset by any preexisting debt Heather J. S. owes to the United States.