David A. v. Commissioner of Social Security

Summary

The United States District Court for the Southern District of Illinois grants Plaintiff’s application for attorney fees and expenses under the Equal Access to Justice Act. The Court awards $7,050.08, subject to offset for any qualifying pre-existing federal debt, and directs payment to counsel if no offset applies and an assignment is verified.

Holdings

1. Plaintiff was entitled to $7,050.08 in attorney fees and expenses under the Equal Access to Justice Act because the Commissioner did not dispute that the requested fee was reasonable.
2. An EAJA fee award belongs to the plaintiff and may be offset to satisfy the plaintiff's pre-existing debt to the United States; if no qualifying debt exists, the government may direct payment to counsel pursuant to a valid EAJA assignment.

Questions Presented

1. Whether Plaintiff was entitled to an award of $7,050.08 in attorney fees and expenses under the Equal Access to Justice Act.
2. Whether an EAJA fee award belongs to the litigant and may be offset against the litigant's pre-existing federal debt before payment is made to counsel under an assignment.

Disposition

other