Jonathon Z. v. Frank Bisignano, Commissioner of Social Security

Summary

The United States District Court for the District of Minnesota granted Plaintiff Jonathon Z.'s motion for attorney fees under the Equal Access to Justice Act after remanding his Social Security disability-benefits case under sentence four of 42 U.S.C. § 405(g). The Court awarded $10,366.00 in fees, payable directly to Plaintiff's counsel, subject to any administrative offset for outstanding federal debt.

Holdings

1. Plaintiff was a prevailing party and was entitled to an award of attorney fees under the Equal Access to Justice Act because he obtained a sentence-four remand and the Government did not contest that its position was not substantially justified.
2. The requested award of $10,366.00, based on 37.1 attorney hours at $260 per hour and 6.0 paralegal hours at $120 per hour, was reasonable and appropriate under the EAJA.
3. The fee award was payable directly to Konoski & Partners, P.C., subject to any administrative offset for Plaintiff's outstanding federal debt.

Questions Presented

1. Whether Plaintiff was entitled to attorney fees under the Equal Access to Justice Act after obtaining a sentence-four remand.
2. Whether the requested attorney and paralegal hours and hourly rates were reasonable under the EAJA.
3. Whether the fee award could be paid directly to Plaintiff's counsel subject to any administrative offset for Plaintiff's federal debt.

Disposition

other