Barbara A. v. Kijakazi

Background

Barbara A. moved for attorney’s fees and paralegal expenses under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). She requested $6,976.80. The Commissioner did not oppose the motion.

The court stated that it had previously entered judgment reversing the Commissioner’s denial of benefits and remanding the case to the Social Security Administration for further proceedings under sentence four of 42 U.S.C. § 405(g). A sentence-four remand makes a plaintiff a prevailing party for purposes of an EAJA fee request.

Court’s Analysis

The court found that Barbara A. was eligible for an EAJA award because her net worth when the action was filed was below $2,000,000. The court also found that she was a prevailing party and that her motion was timely.

The court concluded, and the Commissioner conceded, that the agency’s position was not substantially justified. After considering the adjusted hourly rate and the time spent on the case, the court found that $6,976.80 in attorney’s fees and paralegal expenses was reasonable.

Barbara A.’s counsel asked that the award be paid directly to counsel under an assignment agreement. The Commissioner argued that, under Astrue v. Ratliff, an EAJA award is payable to the prevailing litigant and may be offset to satisfy a preexisting debt owed to the United States. The court found it unnecessary to decide the direct-payment issue.

Order and Effect

Judge Katherine Menendez granted the Motion for Attorney’s Fees Pursuant to the Equal Access to Justice Act. The order directed the government to pay Barbara A. $6,976.80 within 30 days. The payment remains subject to any offset for preexisting debts to the United States under Astrue v. Ratliff, 560 U.S. 586 (2010).