Jessyca L.M. v. O'Malley
- Elizabeth Wright
- 0:23-cv-03239
- U.S. District Court · District of Minnesota
- 5
In Jessyca L.M. v. O’Malley, Judge Wright granted the fee motion and stipulation, awarding Jessyca L.M. $8,100.
Jessyca L.M. receives the $8,100 fee award as the litigant, subject to any required offset for qualifying debts to the United States; her counsel is to receive the payment after that process.
What happened
In Jessyca L.M. v. O’Malley, Jessyca L.M. sought review of a Social Security decision denying her applications for disability benefits and supplemental income. The court had previously sent the case back to the Social Security Commissioner based on the parties’ joint agreement.
Jessyca L.M. then requested attorney’s fees under the Equal Access to Justice Act. The parties agreed to $8,100 in fees and no costs. The court reviewed the billing records and found that the 36.55 hours of work were reasonable.
Judge Elizabeth Cowan Wright granted the fee motion and the parties’ agreement and awarded $8,100 in attorney’s fees. The payment is owed to Jessyca L.M. as the litigant, may be reduced to pay qualifying debts to the United States, and must then be sent in her name to her counsel.
The detailed version
- Jessyca L.M. v. O'Malley · No. 0:23-cv-03239
- Elizabeth Wright
- May 7, 2024
Background
Jessyca L.M. filed the underlying case seeking judicial review of the Commissioner of Social Security’s final decision denying her applications for Supplemental Security Income and Disability Insurance Benefits. On February 20, 2024, the court remanded the case to the Commissioner under sentence four of 42 U.S.C. § 405(g), based on the parties’ joint stipulation.
Attorney’s-Fee Request
Jessyca L.M. moved for attorney’s fees under the Equal Access to Justice Act, a federal law that permits a prevailing party in certain cases against the United States to recover reasonable fees unless the government’s position was substantially justified or special circumstances make an award unjust. The parties jointly stipulated to an award of $8,100 in fees and no costs.
Jessyca L.M.’s motion had requested fees based on 36.55 hours of work at an hourly rate of $230, for a total of $8,406.50. The court reviewed the itemized time records and found that the hours billed and legal work performed were not excessive or unreasonable. The court also considered the statutory fee cap and the cost-of-living adjustment used to support a higher hourly rate. The government did not argue that its position was substantially justified and agreed to the amount of the award.
Ruling
Judge Elizabeth Cowan Wright granted Jessyca L.M.’s fee motion to the extent consistent with the parties’ stipulation and granted the joint stipulation. The court awarded $8,100 in reasonable attorney’s fees under the Equal Access to Justice Act and no costs.
The award is payable to Jessyca L.M. as the litigant and is subject to an offset for any pre-existing debts she may owe to the United States. After any required offset, the Commissioner must send the payment in Jessyca L.M.’s name to her counsel at Livgard & Lloyd PLLP.
Read the full 5-page opinion on CourtListener, the free public archive maintained by the Free Law Project.