Benita Villatoro v. Frank Bisignano, Commissioner, Social Security Administration

Summary

A magistrate judge recommends awarding Plaintiff Benita Villatoro $9,127.40 in attorney fees under the Equal Access to Justice Act after finding that she prevailed, the government's denial of benefits was not substantially justified, and the requested rates and hours were reasonable. The recommendation directs that the award be payable to the plaintiff under Astrue v. Ratliff and notes the relationship between the EAJA award and any later fee award under 42 U.S.C. § 406.

Holdings

1. The magistrate judge concluded that Villatoro was entitled to an EAJA fee award because she was the prevailing party and the government's decision to deny benefits was not substantially justified.
2. The magistrate judge concluded that the requested attorney and paralegal hours were reasonable and that the requested hourly rates did not exceed the applicable cost-of-living-adjusted limits.
3. The recommended EAJA fee award should be made payable to Villatoro, although it may, as a matter of practice, be mailed to her counsel.

Questions Presented

1. Whether Villatoro was entitled to attorney fees under the Equal Access to Justice Act because she was the prevailing party and the government's position was not substantially justified.
2. Whether the requested attorney and paralegal hours and hourly rates were reasonable and supported an EAJA award of $9,127.40.
3. Whether the EAJA award should be payable to Villatoro, subject to applicable procedures concerning any later fee award under 42 U.S.C. § 406.

Disposition

other