Melanie Smith v. Leland Dudek, Acting Commissioner of Social Security

Summary

The United States District Court for the Eastern District of California grants Melanie Smith’s motion for attorney fees under the Equal Access to Justice Act. The court awards $5,099.76 for 20.25 hours of work at an hourly rate of $251.84 following a sentence-four remand in the Social Security action. The award is payable to the plaintiff and may be paid directly to counsel pursuant to an assignment if no federal debt requires offset.

Holdings

1. A Social Security claimant who obtains a sentence-four remand is a prevailing party for purposes of the EAJA.
2. The plaintiff was entitled to EAJA fees because the government made no showing that its position was substantially justified or that special circumstances made an award unjust.
3. The requested award of $5,099.76 was reasonable and should be granted.
4. The EAJA award is payable to plaintiff and is subject to offset for qualifying federal debt; if no such debt exists, payment may be made directly to counsel under plaintiff's assignment.

Questions Presented

1. Whether plaintiff qualified as a prevailing party under the EAJA after obtaining a sentence-four remand in her Social Security action.
2. Whether the government established that its position was substantially justified or that special circumstances made an EAJA award unjust.
3. Whether the requested attorney fees of $5,099.76, based on 20.25 hours at $251.84 per hour, were reasonable.
4. Whether the EAJA fee award should be payable to plaintiff or directly to plaintiff's counsel.

Disposition

other