Taylor S. v. Commissioner of Social Security

Summary

The court denied without prejudice Plaintiff’s motion for attorney fees under the Equal Access to Justice Act because the motion did not allege that the government’s position was not substantially justified. The court granted Plaintiff fourteen days to file an amended motion containing the required allegation and allowed the government seven days to respond.

Holdings

1. An application for attorney fees under the EAJA must allege that the position of the United States was not substantially justified.
2. The omission is not necessarily fatal, but the motion must be properly amended to include the required allegation; otherwise, the fee motion will be denied.
3. The court has an independent obligation to determine the reasonableness and statutory sufficiency of an attorney-fee request, even when the motion is unopposed.

Questions Presented

1. Whether an EAJA fee application must allege that the government's position was not substantially justified.
2. Whether the omission of that allegation requires denial of the fee motion or may be cured by amendment.
3. Whether an unopposed EAJA fee motion may be granted without the court independently determining compliance with the statute and the reasonableness of the requested award.

Disposition

other