Samly Milavong v. Frank Bisignano, Commissioner of Social Security

Summary

The United States District Court for the Eastern District of California adopted the magistrate judge’s findings and recommendations in a Social Security case. The court granted Plaintiff Samly Milavong’s motion for attorney’s fees under the Equal Access to Justice Act and awarded $7,190.03, directing that the award be paid to counsel if the Treasury determines Plaintiff owes no federal debt.

Holdings

1. The Findings and Recommendations were supported by the record and proper analysis and were adopted in full after de novo review.
2. Plaintiff was entitled to an award of attorney's fees under the EAJA because the magistrate judge found Plaintiff to be a prevailing party and the Commissioner did not oppose the request or argue that the government's position was substantially justified.
3. The requested attorney's fee amount of $7,190.03 was reasonable and was awarded pursuant to the EAJA.

Questions Presented

1. Whether Plaintiff was entitled to attorney's fees under the Equal Access to Justice Act.
2. Whether the requested fee amount of $7,190.03 was reasonable.
3. Whether the magistrate judge's Findings and Recommendations should be adopted after no party filed objections.

Disposition

other