Sean Escarra v. Frank Bisignano, Commissioner of Social Security

Summary

The United States District Court for the Middle District of Florida granted Plaintiff Sean Escarra’s unopposed motion for attorney’s fees under the Equal Access to Justice Act. The Court awarded $8,750.00 in attorney’s fees and $405.00 in costs, and authorized the Commissioner to honor Plaintiff’s assignment of fees to counsel subject to any federal debt offset.

Holdings

1. Plaintiff was entitled to $8,750 in attorney's fees under the Equal Access to Justice Act, including hourly rates above $125 because inflation justified a proportionate cost-of-living increase and the hours claimed were reasonable.
2. Plaintiff was entitled to $405 in costs for filing the complaint.
3. The Commissioner may exercise discretion to honor Plaintiff's assignment of EAJA fees to counsel if the Treasury Department determines that Plaintiff does not owe a federal debt.

Questions Presented

1. Whether Plaintiff was entitled to an award of attorney's fees under the Equal Access to Justice Act at cost-of-living-adjusted hourly rates.
2. Whether Plaintiff was entitled to reimbursement of $405 in filing costs.
3. Whether the court could honor Plaintiff's assignment of EAJA fees to counsel if Treasury determined that Plaintiff owed no federal debt.

Disposition

other