Yvette L. v. Frank Bisignano, Commissioner of Social Security

Summary

The United States District Court for the Eastern District of Virginia adopted a magistrate judge’s report and recommendation concerning Plaintiff Yvette L.’s motion for attorney fees under the Equal Access to Justice Act. The Court awarded $6,963.21 in fees, subject to reduction for qualifying federal debts and without prejudice to counsel’s potential Social Security Act fee request under 42 U.S.C. § 406.

Holdings

1. When no timely objection is filed to a magistrate judge's report and recommendation, the district court need only determine that no clear error appears on the face of the record before accepting the recommendation.
2. Plaintiff is entitled to an EAJA attorney-fee award of $6,963.21, rather than the $7,300.82 requested.
3. Payment of the EAJA award is contingent on the Government's determination that Plaintiff has no qualifying pre-existing debt to the Government; any such debt may be offset, and the award remains subject to the statutory relationship between EAJA fees and fees later awarded under 42 U.S.C. § 406.

Questions Presented

1. Whether the court should accept the magistrate judge's report and recommendation when neither party filed timely objections.
2. Whether Plaintiff should receive an EAJA attorney-fee award of $6,963.21 rather than the $7,300.82 requested.
3. Whether payment of the EAJA award is subject to offset for qualifying pre-existing federal debt and to the statutory treatment of any later award under 42 U.S.C. § 406.

Disposition

other