Elizabeth D. v. Commissioner of Social Security

Summary

The United States District Court for the Southern District of Illinois granted Plaintiff’s application for attorney fees and expenses under the Equal Access to Justice Act. The Court awarded $3,752.20, explaining that the award belongs to Plaintiff, may be offset against qualifying federal debt, and may be payable to counsel pursuant to the assignment if no offset applies.

Holdings

1. The court granted Plaintiff's application and awarded $3,752.20 in attorney fees and expenses under the Equal Access to Justice Act.
2. The award belongs to Plaintiff and may be offset against any pre-existing debt owed to the United States; if no such debt exists, the government may direct payment to Plaintiff's attorney pursuant to Plaintiff's valid EAJA assignment.

Questions Presented

1. Whether Plaintiff was entitled to an award of $3,752.20 in attorney fees and expenses under the Equal Access to Justice Act.
2. Whether the EAJA award should be paid to Plaintiff or, subject to verification that no federal debt exists, directly to Plaintiff's attorney under an assignment.

Disposition

other