Brenda Dee Baker Riojas v. Commissioner of Social Security

Summary

The United States District Court for the Eastern District of California grants the parties’ stipulated motion for attorney’s fees under the Equal Access to Justice Act. Following a sentence-four remand in a Social Security case, the court awards $11,500 in attorney’s fees and expenses, subject to applicable Treasury Offset Program provisions.

Holdings

1. A party who obtains a sentence-four remand under 42 U.S.C. § 405(g) is a prevailing party eligible to seek an EAJA award, and Plaintiff was entitled to seek fees as the prevailing party.
2. The government did not show that its position was substantially justified, and no special circumstances made an award unjust; therefore, the statutory exception to an EAJA award did not apply.
3. The court awarded Plaintiff $11,500 in attorney fees and expenses under the EAJA, subject to any allowable Treasury Offset Program offset and the terms of the stipulated motion.

Questions Presented

1. Whether Plaintiff was a prevailing party entitled to attorney fees under the Equal Access to Justice Act after obtaining a sentence-four remand.
2. Whether the government established that its position was substantially justified or that special circumstances made an EAJA award unjust.
3. Whether the stipulated amount of $11,500 in attorney fees and expenses should be awarded, subject to any Treasury Offset Program offset.

Disposition

other