Aaron J. James v. Frank Bisignano, Commissioner, Social Security Administration

Summary

The magistrate judge recommends awarding Aaron J. James $7,120.80 in attorney’s fees and costs under the Equal Access to Justice Act after finding that he was the prevailing party, the Commissioner’s position was not substantially justified, and the requested hours and enhanced hourly rate were reasonable. The report also addresses payment of the award under Astrue v. Ratliff and gives the parties fourteen days to file specific objections.

Holdings

1. The magistrate judge recommended that James receive an EAJA award because he was the prevailing party, the government's position was not substantially justified, and the requested work and fees were reasonable.
2. The recommended EAJA award should be payable to James, but it may be paid directly to his attorney if James validly assigned his fee rights and owes no outstanding debt to the federal government.

Questions Presented

1. Whether James was entitled to attorney fees and costs under the Equal Access to Justice Act.
2. Whether the requested hourly rate, number of hours, and filing-fee reimbursement were reasonable and authorized.
3. Whether the EAJA award should be payable to James or directly to his attorney.

Disposition

other