Donnelly v. Commissioner of Social Security

Summary

The United States District Court for the Eastern District of California granted the parties’ stipulated request for attorney’s fees under the Equal Access to Justice Act and costs under 28 U.S.C. § 1920. The court awarded $2,311.81 in fees and $402.00 in costs to the plaintiff, subject to potential Treasury Offset Program deductions and the payment terms specified in the stipulation.

Holdings

1. A party who obtains a sentence-four remand under 42 U.S.C. § 405(g) is a prevailing party for purposes of the EAJA.
2. Plaintiff was entitled to $2,311.81 in EAJA attorney fees because she prevailed, filed a timely request, the government did not show that its position was substantially justified, and no special circumstances made an award unjust.
3. The requested $2,311.81 attorney-fee award was reasonable and commensurate with the work required to review the approximately 888-page administrative record and prepare the summary-judgment motion.
4. Plaintiff was entitled to recover $402.00 in costs because court filing fees are recoverable costs under 28 U.S.C. § 1920.
5. The EAJA fees, expenses, and costs were subject to any applicable Treasury Offset Program offset; if the Treasury determined that Plaintiff owed no federal debt, payment could be made directly to Plaintiff's counsel under the parties' stipulation.

Questions Presented

1. Whether Plaintiff qualified as a prevailing party entitled to attorney fees under the Equal Access to Justice Act after a sentence-four remand.
2. Whether the stipulated EAJA fee request was timely and reasonable.
3. Whether the government established that its position was substantially justified or that special circumstances made an award unjust.
4. Whether Plaintiff was entitled to recover the $402.00 filing fee as costs under 28 U.S.C. § 1920.
5. Whether payment of the EAJA award was subject to Treasury Offset Program offsets and, if no offset applied, could be transmitted directly to Plaintiff's counsel.

Disposition

other