Rojas v. Berryhill

Background

Yzi Del Carmen Rojas sued the Commissioner of Social Security under Section 205(g) of the Social Security Act, seeking review of an administrative law judge’s decision denying disability insurance benefits. On March 15, 2019, the court granted Rojas’s motion for judgment on the pleadings and sent the case back to the Social Security Administration for further proceedings.

After the remand, the parties negotiated attorneys’ fees under the Equal Access to Justice Act, a federal law that can allow a qualifying party to recover fees and expenses from the government. They agreed in principle to a payment but could not execute a proposed stipulation. Rojas moved to reopen the case to seek an award of fees.

Report and Recommendation

Magistrate Judge Debra Freeman recommended reopening the case and awarding Rojas $7,840.38 in attorneys’ fees and expenses, payable directly to Rojas. She also recommended denying Rojas’s separate request for oral argument. No party objected to the report. Because there were no objections, Judge Daniels reviewed it for clear error, meaning an obvious mistake, and found none.

Ruling

Judge Daniels adopted Magistrate Judge Freeman’s report in full. The court held that the fee award should be paid directly to Rojas and adopted the recommended amount of $7,840.38. Rojas’s motion for attorneys’ fees was GRANTED, and Rojas’s motion for oral argument was DENIED. The clerk was directed to close the motions.