Blanca L. v. Frank Bisignano, Commissioner of Social Security

Summary

The United States District Court for the Central District of Illinois grants Blanca L.'s motions for attorney fees under the Equal Access to Justice Act following reversal and remand of the Commissioner's decision denying disability benefits. The court approves the parties' agreed $9,500 fee award, subject to offset for any qualifying federal debt, and directs payment to counsel if no offset applies.

Holdings

1. A plaintiff who obtains a judgment reversing the Commissioner's decision and remanding the case for further proceedings is a prevailing party under the EAJA when the remand terminates the litigation with victory for the plaintiff.
2. In a Social Security case involving remand, the EAJA application period begins when the court's judgment is entered, the appeal period has expired, and the judgment is no longer appealable; an application filed before expiration of the appeal period is timely.
3. The Commissioner did not establish that the government's litigation position and pre-litigation conduct were substantially justified, and the plaintiff therefore satisfied the EAJA substantial-justification requirement.
4. The court may award reasonable EAJA fees based on appropriately documented hours multiplied by a reasonable hourly rate, including a cost-of-living-adjusted rate above the statutory $125 cap when the claimant establishes the applicable inflation adjustment and prevailing market rate.
5. The $9,500 EAJA award may be offset against any pre-existing debt Blanca owes the United States; if no qualifying debt exists, payment may be directed to her counsel pursuant to her assignment.

Questions Presented

1. Whether Blanca was a prevailing party entitled to fees under the EAJA after reversal and remand of the Commissioner's decision.
2. Whether the EAJA fee application was timely when filed before the judgment became unappealable.
3. Whether the Commissioner's position was substantially justified.
4. Whether the requested attorney and paralegal hours and hourly rates were reasonable.
5. Whether the $9,500 requested award should be paid to Blanca's counsel subject to offset for any pre-existing federal debt.

Disposition

other