Reece v. Commissioner of Social Security

Summary

The United States District Court for the Eastern District of California granted the parties’ stipulation for attorneys’ fees under the Equal Access to Justice Act. The court awarded Plaintiff Tamara Reece $5,995.15 after finding that she was a prevailing party based on the prior remand for further proceedings.

Holdings

1. A claimant who obtains a remand for further proceedings without the court retaining jurisdiction is a prevailing party for purposes of the EAJA.
2. The stipulated award of $5,995.15 was a reasonable EAJA fee.
3. The EAJA award must be made to Plaintiff, although payment may be made in the name of Plaintiff's attorney if the government determines that Plaintiff owes no qualifying federal debt.

Questions Presented

1. Whether Plaintiff was a prevailing party entitled to attorneys' fees under the Equal Access to Justice Act after obtaining a remand for further proceedings.
2. Whether the stipulated EAJA fee award of $5,995.15 was reasonable.
3. Whether the EAJA award should be made to Plaintiff rather than directly to Plaintiff's counsel.

Disposition

approved