Jorge Luis Colunga Rojas v. Frank Bisignano, Commissioner of Social Security

Summary

The United States District Court for the Eastern District of California grants Jorge Luis Colunga Rojas’s unopposed motion for attorney fees under the Equal Access to Justice Act. The court finds that Plaintiff was the prevailing party after obtaining a remand in his Social Security disability-benefits action, that the government waived opposition to the fee request, and that the requested 3.5 hours at an adjusted rate of $251.84 per hour were reasonable. The court awards $881.44 in EAJA fees.

Holdings

1. A Social Security claimant who obtains a remand is a prevailing party for purposes of the EAJA, and Plaintiff was entitled to fees because he satisfied the applicable requirements and the Government waived its opportunity to show that its position was substantially justified or that special circumstances made an award unjust.
2. The requested EAJA award of $881.44 for 3.5 hours of attorney time at an hourly rate of $251.84 was reasonable and should be awarded in full.

Questions Presented

1. Whether Plaintiff was entitled to attorney fees under the Equal Access to Justice Act after obtaining a remand in his Social Security case.
2. Whether the requested $881.44 fee for 3.5 hours of attorney time was reasonable.

Disposition

other