Summary
The United States District Court for the Eastern District of California granted the parties’ stipulated motion for attorney’s fees under the Equal Access to Justice Act. The court awarded $6,500 in fees and expenses to the plaintiff following a sentence-four remand in a Social Security case, subject to any applicable Treasury Offset Program deductions.
Holdings
- A party who obtains a sentence-four remand under 42 U.S.C. § 405(g) is a prevailing party eligible to seek an EAJA fee award.
- The EAJA award was appropriate because the government did not show that its position was substantially justified and the court found no special circumstances making the award unjust.
- The court approved an award of $6,500 in attorney fees and expenses, payable to Plaintiff as the prevailing party and subject to applicable Treasury Offset Program requirements.
Questions Presented
- Whether Plaintiff was a prevailing party entitled to attorney fees and expenses under the Equal Access to Justice Act after a sentence-four remand.
- Whether the government established that its position was substantially justified or that special circumstances made an EAJA award unjust.
- Whether the stipulated amount of $6,500 in attorney fees and expenses was appropriate and subject to Treasury Offset Program requirements.
Disposition
other
Cases Cited (2)
- Shalala v. Schaefer, 509 U.S. 292, 300-02 (1993)(followed)
- Astrue v. Ratliff, 532 U.S. 1192 (2010)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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