Jason Timothy Williams v. Kilolo Kijakazi, Acting Commissioner of Social Security

Summary

The United States District Court for the Eastern District of California granted the parties’ stipulated motion for an award of attorney fees and expenses under the Equal Access to Justice Act. Following a sentence-four remand in a Social Security case, the court awarded $5,800.00 to the plaintiff, subject to any applicable Treasury Offset Program offset and the terms of the fee assignment.

Holdings

1. A party who obtains a sentence-four remand under 42 U.S.C. § 405(g) is a prevailing party eligible to seek attorney fees under the EAJA.
2. The court shall award EAJA fees to a prevailing party when the government has not shown that its position was substantially justified and no special circumstances make the award unjust.
3. The stipulated motion was granted, and the Commissioner was directed to pay Plaintiff $5,800 in EAJA attorney fees and expenses.
4. EAJA fees, expenses, and costs are subject to any allowable Treasury Offset Program offset; absent a federal debt, payment was to be made to Plaintiff's counsel in accordance with the assignment of fees.

Questions Presented

1. Whether Plaintiff was a prevailing party entitled to attorney fees and expenses under the Equal Access to Justice Act after obtaining a sentence-four remand under 42 U.S.C. § 405(g).
2. Whether the requested $5,800 award should be reduced because the government's position was substantially justified or because special circumstances would make an award unjust.
3. Whether payment of the EAJA award was subject to offsets under the Treasury Offset Program and should be made to Plaintiff's counsel pursuant to the assignment of fees.

Disposition

other