Angela M. S. v. Kijakazi

Background

Angela M. S. sued the Acting Commissioner of Social Security after the Commissioner denied her application for disability benefits. In the earlier stage of the case, the parties filed cross-motions for summary judgment. A magistrate judge recommended granting in part and denying in part Angela M. S.’s motion, denying the Commissioner’s motion, and remanding the case to the Social Security Administration for further proceedings under 42 U.S.C. § 405(g). The district court adopted that recommendation in full on July 26, 2022.

Angela M. S. then filed an unopposed motion for attorney’s fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). She requested $4,119.50 for 19.25 hours of work by attorneys James Greeman and Doris Leland. Each attorney billed at $214 per hour. The Commissioner did not oppose the request but argued that any award should be payable directly to Angela M. S. so the Treasury Department could check for outstanding federal debts.

Analysis

The court held that Angela M. S. qualified as a prevailing party because the remand was a final judgment that materially changed the parties’ legal relationship. The court also concluded that the government’s position in the underlying case was not substantially justified, which the Commissioner did not dispute.

The EAJA generally limits fee awards to $125 per hour, unless an increased cost of living or another special factor justifies a higher rate. Relying on Consumer Price Index figures, the court concluded that a rate of approximately $214 per hour was justified. The attorneys’ itemized declarations also showed that they had worked a reasonable number of hours. The court therefore found the requested $4,119.50 reasonable.

The court further explained that EAJA fees are awarded to the litigant, not the attorney, and may be subject to an administrative offset if the litigant owes federal debts. It therefore determined that the award should be paid directly to Angela M. S.

Disposition

Judge Wilhelmina M. Wright granted Angela M. S.’s motion for attorney’s fees as addressed in the order and awarded her $4,119.50 under the EAJA. The court directed that judgment be entered accordingly.