Jerry Barnes v. Frank Bisignano, Commissioner, Social Security Administration

Summary

The court grants Jerry Barnes’s stipulated motion for attorney’s fees under the Equal Access to Justice Act. It awards $6,000 in fees and no costs, payable to the plaintiff subject to any valid assignment and federal debt offset, and notes that the award must be considered in determining any later fee under 42 U.S.C. § 406.

Holdings

1. Plaintiff was entitled to an EAJA attorney-fee award because he was the prevailing party, the government's decision to deny benefits was not substantially justified, and the parties stipulated to the requested fee.
2. The EAJA award is payable to Plaintiff, but it 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 award of attorney fees under the Equal Access to Justice Act.
2. Whether the stipulated $6,000 fee award was appropriate under the EAJA.

Disposition

other