Brian L. v. Commissioner of Social Security

Summary

The United States District Court for the District of Oregon grants Plaintiff’s motion for attorney fees under the Equal Access to Justice Act following a stipulated remand of a Social Security case. The court finds the requested attorney fees of $19,967 and costs of $402 reasonable and awards them subject to any federal treasury offset.

Holdings

1. Plaintiff was entitled to an EAJA award because he was the prevailing party, the Commissioner did not contend that the government's position was substantially justified, and no special circumstances made an award unjust.
2. The requested $19,967 in attorney fees was reasonable, including the fees incurred in preparing Plaintiff's reply.
3. Plaintiff was entitled to $402 in costs under 28 U.S.C. § 1920.

Questions Presented

1. Whether Plaintiff was entitled to attorney fees and costs under the Equal Access to Justice Act.
2. Whether the requested attorney fees, including fees for preparing the reply in support of the EAJA motion, were reasonable under the lodestar method.
3. Whether Plaintiff was entitled to recover $402 in costs under 28 U.S.C. § 1920.

Disposition

other