Janie Misak v. Commissioner of Social Security

Summary

The United States District Court for the Eastern District of California granted the parties’ stipulated request for $7,500 in attorney’s fees under the Equal Access to Justice Act. The court directed that the fees be payable to Plaintiff, subject to Treasury Offset Program procedures, and remitted directly to counsel if no federal debt is owed.

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. The court awarded EAJA fees because Plaintiff prevailed, the government did not show that its position was substantially justified, no special circumstances made an award unjust, and the Commissioner did not oppose the request.
3. The stipulated request for $7,500 in EAJA fees was reasonable and was granted.
4. EAJA fees are payable to Plaintiff, but if the Department of the Treasury determines that Plaintiff owes no federal debt, the government must cause payment to be made directly to Plaintiff's counsel under the stipulation.

Questions Presented

1. Whether Plaintiff qualified as a prevailing party for purposes of an EAJA fee award after obtaining a sentence-four remand under 42 U.S.C. § 405(g).
2. Whether the government's position was substantially justified or special circumstances made an EAJA award unjust.
3. Whether the stipulated $7,500 EAJA fee request was reasonable and should be paid under the parties' proposed terms.

Disposition

other