Zachary A. B. v. Frank Bisignano, Commissioner of Social Security

Summary

The United States District Court for the Central District of Illinois granted the parties’ joint motion for an award of attorney fees and expenses under the Equal Access to Justice Act. The court awarded Plaintiff Zachary A. B. $8,925.63, subject to offset for any qualifying federal debt and potentially payable to his attorney under the fee assignment.

Holdings

1. A Social Security claimant who obtains a judgment reversing the Commissioner's decision and remanding the case for further administrative proceedings is a prevailing party under the EAJA.
2. In a Social Security case involving a remand, an EAJA application is timely if filed within 30 days after the judgment becomes final and unappealable.
3. The Commissioner did not establish that the government's litigation position and pre-litigation conduct were substantially justified, and no special circumstances made an EAJA award unjust.
4. The requested $8,925.63 award was reasonable because the documented 51.45 hours were appropriately billed and the total requested amount did not exceed the amount supported by permissible attorney and paralegal rates.

Questions Presented

1. Whether Zachary was a prevailing party entitled to seek EAJA fees after the district court reversed and remanded the Commissioner's decision.
2. Whether the EAJA fee application was timely.
3. Whether the Commissioner's position was substantially justified and whether any special circumstances made an EAJA award unjust.
4. Whether the requested attorney and paralegal hours and rates were reasonable under the EAJA.

Disposition

other