Brian Williams v. Frank Bisignano, Commissioner of Social Security

Summary

The court grants Brian Williams’s unopposed motion for attorney fees under the Equal Access to Justice Act after remanding his Social Security appeal for further administrative proceedings. The court awards $1,575, representing nine hours of attorney time at $175 per hour, payable to Williams and subject to reduction for qualifying government debts.

Holdings

1. A plaintiff who prevails in a civil action against the United States is entitled to EAJA attorney fees unless the Government's position was substantially justified or special circumstances make an award unjust; because Plaintiff was the prevailing party, the Commissioner did not oppose the motion, and no exception applied, the court awarded fees.
2. Nine hours of attorney work at an hourly rate of $175 was reasonable, warranting an award of $1,575.
3. The EAJA award should be made payable directly to Plaintiff, subject to reduction or withholding to satisfy qualifying pre-existing federal debts, and may be mailed to Plaintiff's counsel.

Questions Presented

1. Whether Plaintiff was entitled to attorney fees under the Equal Access to Justice Act after obtaining a remand of the Commissioner's decision.
2. Whether the requested nine hours of attorney work and $175 hourly rate were reasonable.
3. Whether the EAJA award should be made payable directly to Plaintiff rather than Plaintiff's counsel.

Disposition

other