Smbat Voskanyan v. Commissioner of Social Security

Summary

The United States District Court for the Eastern District of California grants Smbat Voskanyan’s motion for attorneys’ fees under the Equal Access to Justice Act after remanding his Social Security case for further proceedings. The court awards $4,312.76, payable to the plaintiff subject to any federal debt offset, with possible payment in the attorney’s name if no qualifying debt exists.

Holdings

1. A Social Security claimant who obtains a remand is a prevailing party for purposes of the EAJA, and where the Commissioner does not show that the government's position was substantially justified or identify another bar to recovery, the claimant is entitled to an award of fees.
2. The requested EAJA fee of $4,312.76 was reasonable based on 34.25 hours of work at a 2024 cost-of-living-adjusted hourly rate of $251.84, particularly because the Commissioner did not challenge the hours or rate.
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 subject to offset.

Questions Presented

1. Whether Plaintiff was entitled to attorneys' fees under the Equal Access to Justice Act after obtaining a remand in the Social Security action.
2. Whether the requested hours and cost-of-living-adjusted hourly rate were reasonable.
3. Whether an EAJA award should be made to Plaintiff rather than directly to his attorney.

Disposition

other