Jacob Lyle Strickler v. Frank Bisignano, Commissioner of the Social Security Administration

Summary

The United States District Court for the District of South Dakota grants Jacob Lyle Strickler’s unopposed motion for attorneys’ fees and costs under the Equal Access to Justice Act. The court awards $9,398.70 in fees and expenses, payable subject to any government offset, and directs payment of the $405 filing fee from the Judgment Fund.

Holdings

1. Plaintiff was entitled to EAJA attorneys' fees and expenses totaling $9,398.70, consisting of $8,850.00 in attorney fees and $548.70 in South Dakota sales tax.
2. The award must be made payable to plaintiff and sent to plaintiff's counsel only after determining whether plaintiff owes an offset to the government, or after subtracting any such offset.
3. The government must pay plaintiff $405.00 from the Judgment Fund for the filing fee in the case.

Questions Presented

1. Whether plaintiff was entitled to an award of attorneys' fees and expenses under the Equal Access to Justice Act.
2. Whether the award should be payable to plaintiff subject to any government offset and sent to counsel after offset review.
3. Whether the $405 filing fee should be paid to plaintiff from the Judgment Fund.

Disposition

other