Milavong v. Commissioner of Social Security

Summary

The document contains findings and recommendations concerning Plaintiff Samly Milavong’s motion for attorney’s fees under the Equal Access to Justice Act in a Social Security action. The court recommends granting the motion and awarding $7,190.03 for 28.55 hours of work at an hourly rate of $251.84. The award is payable to the plaintiff, subject to any government debt offset, with potential direct payment to counsel under the fee assignment if no offset applies.

Holdings

1. A Social Security claimant who obtains a sentence-four remand is a prevailing party for purposes of the Equal Access to Justice Act, regardless of whether benefits are ultimately awarded.
2. The Commissioner did not establish that the government's position was substantially justified or that special circumstances made an EAJA award unjust.
3. The fee application was timely because it was filed within thirty days after the sentence-four judgment became final and nonappealable.
4. The requested $7,190.03 award for 28.55 hours at an hourly rate of $251.84 was reasonable.
5. An EAJA fee award is payable to the litigant and is subject to offset for any qualifying federal debt; if no debt exists, payment may be made directly to counsel under a valid assignment.

Questions Presented

1. Whether Plaintiff was entitled to attorney's fees under the Equal Access to Justice Act after obtaining a sentence-four remand in the Social Security action.
2. Whether the requested hourly rate and 28.55 hours of attorney time were reasonable.
3. Whether the EAJA award should be payable to Plaintiff, subject to any federal-government debt offset, rather than directly to Plaintiff's counsel.

Disposition

other