Latasha T. v. Kijakazi

Background

Latasha T. filed the underlying case seeking judicial review of the Commissioner of Social Security’s final decision denying her application for disability benefits. The parties later filed a joint agreement to remand the case, and the court remanded it under sentence four of 42 U.S.C. § 405(g) for a supplemental hearing and further administrative action.

Latasha T. then filed a petition for attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), seeking $1,247.62. The Commissioner did not object to the amount requested or argue that the government’s position was substantially justified.

Court’s analysis

The EAJA generally permits a court to award reasonable attorney fees to a prevailing party in a civil action against the United States unless the government’s position was substantially justified or special circumstances would make an award unjust. The government bears the burden of proving substantial justification.

Latasha T.’s attorneys requested fees for 5.1 hours of work performed in 2023 and 2024 at an hourly rate of $244.63, for a total of $1,247.62. Although the EAJA sets a standard hourly cap of $125, the court explained that the rate may be increased to account for inflation. It found that the Consumer Price Index supported the requested rate.

The court also reviewed the attorneys’ itemized time records and found that the 5.1 hours were reasonable and compensable. The Commissioner did not dispute either the rate or the time requested.

Disposition

Judge Elizabeth Cowan Wright granted Latasha T.’s petition for attorney fees under the EAJA. The court awarded $1,247.62 for reasonable attorney fees. Under the EAJA and the Supreme Court’s decision in Astrue v. Ratliff, the award is payable to Latasha T. as the litigant and is subject to offset to satisfy any pre-existing debts she may owe to the United States.