Thalassa R. v. Kijakazi

Background

The court considered Thalassa R.’s motion for attorney fees under the Equal Access to Justice Act, a federal law that can require the United States to pay a prevailing party’s reasonable legal fees and expenses. The plaintiff requested $8,652 in attorney fees and $502 in costs.

The opinion states that the plaintiff obtained a sentence-four remand in the earlier Social Security case. A sentence-four remand is a remand based on a court judgment under the Social Security statute. The court therefore determined that the plaintiff was a prevailing party for purposes of the fee request. The court also found that the motion was filed within 30 days of the judgment and that the plaintiff’s net worth did not exceed the statutory $2 million limit when the case was filed.

Fee request

The plaintiff requested payment for 42 hours of attorney work at $206 per hour. The court found both the number of hours and the hourly rate reasonable. The Commissioner did not argue that the government’s position was substantially justified and did not file a response opposing the motion.

The court also commented that the Social Security Administration’s reported position was that plaintiffs should file Equal Access to Justice Act motions before conferring with opposing counsel. The court encouraged the agency to reconsider that position because the District of Minnesota’s local rule generally requires the parties to confer before filing a motion, except for motions for a temporary restraining order or summary judgment.

Ruling

Judge Katherine Menendez granted the plaintiff’s motion for attorney fees under the Equal Access to Justice Act. The order awards $8,652 in attorney fees and, together with $502 in costs, requires the defendant to pay the plaintiff $9,154. The payment is subject to offset by any preexisting debt the plaintiff owes to the United States.