Craig Brodie v. Commissioner of Social Security

Summary

The United States District Court for the Middle District of Louisiana grants Craig Brodie’s unopposed motion for attorney fees under the Equal Access to Justice Act after remanding his Social Security disability-benefits claim for further proceedings. The court awards $1,750 for 10 hours of work at $175 per hour, subject to offset for qualifying debts under the Treasury Offset Program, and directs that payment be made to Brodie.

Holdings

1. Plaintiff was entitled to an EAJA award because he was the prevailing party following the sentence-four reversal and remand, the Commissioner did not oppose the motion, and no circumstance identified in the opinion barred an award.
2. The requested 10 hours of work at an hourly rate of $175 were reasonable and compensable under the EAJA.
3. The EAJA award must be made payable directly to Plaintiff, with payment subject to reduction to satisfy qualifying pre-existing debts owed by Plaintiff to the government.

Questions Presented

1. Whether Plaintiff was entitled to attorney fees under the Equal Access to Justice Act after obtaining a sentence-four remand.
2. Whether 10 hours of attorney time and an hourly rate of $175 were reasonable under the EAJA.
3. Whether the EAJA fee award should be payable directly to Plaintiff and subject to offset for qualifying debts owed to the government.

Disposition

other