Brenda Yonker v. Frank Bisignano, Commissioner of Social Security

Summary

The United States District Court for the District of Nebraska granted Brenda Yonker’s petition for attorney’s fees under the Equal Access to Justice Act. The court awarded $3,613.26, payable to Yonker and subject to any applicable offset before delivery to the Kappelman Law Firm.

Holdings

1. Yonker was a prevailing party entitled to an EAJA fee award because she satisfied the statutory requirements and the Commissioner did not establish that the government's position was substantially justified or that special circumstances made an award unjust.
2. Yonker was awarded $3,613.26 in attorney's fees, calculated using 14 hours of attorney work at $258.09 per hour.
3. The fee award was payable to Yonker, not directly to counsel, and the payment was subject to any applicable offset; after offset review, payment was to be delivered to the Kappelman Law Firm for distribution.

Questions Presented

1. Whether Yonker satisfied the requirements for an award of attorney's fees under the Equal Access to Justice Act.
2. Whether Yonker's requested fee of $3,613.26 was timely, reasonable, and adequately supported.
3. Whether the fee award should be made payable to Yonker and remain subject to any applicable offset before payment is delivered to her counsel.

Disposition

other