Summary
The United States District Court for the District of Puerto Rico granted the plaintiff’s unopposed motion for attorney’s fees under the Equal Access to Justice Act following a sentence-four remand of his Social Security disability insurance benefits claim. The court awarded $7,902.42 in fees against the United States, payable directly to the plaintiff’s attorney subject to any applicable federal debt offset.
Holdings
- A claimant is eligible for an EAJA fee award when the claimant is a prevailing party, the Government's position was not substantially justified, no special circumstances make an award unjust, and the fee application was timely filed with the required itemized statement.
- Plaintiff was entitled to an award of $7,902.42 in attorney's fees against the United States.
Questions Presented
- Whether Plaintiff satisfied the requirements for an award of attorney's fees under the Equal Access to Justice Act after obtaining a sentence-four remand of the Commissioner's decision.
- Whether the court should award the agreed amount of $7,902.42 in EAJA fees.
Disposition
other
Cases Cited (1)
- Comm'r I.N.S. v. Jean, 496 U.S. 154, 158 (1990)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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