Nieto de Gianini v. Commissioner of Social Security

Summary

The court granted the parties’ stipulated request for $8,471.78 in attorney’s fees under the Equal Access to Justice Act following a sentence-four remand in a Social Security case. The order provides that the fees are payable to the plaintiff, subject to Treasury offsets, and may be paid directly to plaintiff’s counsel if no federal debt is identified.

Holdings

1. A party who obtains a sentence-four remand under 42 U.S.C. § 405(g) qualifies as a prevailing party for purposes of an EAJA fee award.
2. The court awarded EAJA fees because Plaintiff prevailed, timely filed the fee request, the government did not establish that its position was substantially justified, and no special circumstances made an award unjust.
3. The requested award of $8,471.78 was reasonable and commensurate with the work required to review the administrative record and prepare the summary-judgment motion.
4. The EAJA award was subject to any permissible Treasury Offset Program offset; if no federal debt existed, payment was to be made directly to Plaintiff's counsel under the parties' stipulation, while the award remained payable to Plaintiff.

Questions Presented

1. Whether Plaintiff qualified as a prevailing party after obtaining a sentence-four remand under 42 U.S.C. § 405(g).
2. Whether the EAJA fee application was timely and whether the government's position was substantially justified or special circumstances made an award unjust.
3. Whether the requested $8,471.78 in attorney fees was reasonable.

Disposition

other