Joseph F. Born, II v. Frank Bisignano, Commissioner, Social Security Administration

Summary

The United States District Court for the Western District of Arkansas grants Plaintiff Joseph F. Born, II’s motion for attorney fees under the Equal Access to Justice Act. The Court awards $4,253.30, payable to the plaintiff subject to any valid assignment and offset for federal debts, and notes that the award will be considered when determining any fee under 42 U.S.C. § 406.

Holdings

1. Plaintiff was entitled to an EAJA fee award because he was the prevailing party and the government's decision to deny benefits was not substantially justified.
2. The requested $4,253.30 fee was reasonable and did not exceed the applicable EAJA hourly ceiling after consideration of the cost of living.
3. The EAJA award is payable to Plaintiff, but may be paid directly to Plaintiff's attorney if Plaintiff executed a valid assignment of the fee award and owes no outstanding federal debt.

Questions Presented

1. Whether Plaintiff was entitled to an attorney-fee award under the Equal Access to Justice Act.
2. Whether the requested hourly rates and time expended were reasonable under the EAJA.
3. Whether the EAJA award should be payable to Plaintiff or directly to his attorney.

Disposition

other