Matthew Rowland v. Frank Bisignano, Commissioner, Social Security Administration

Summary

A United States magistrate judge recommends granting Matthew Rowland's unopposed motion for attorney fees under the Equal Access to Justice Act. The recommendation awards $8,500 in attorney fees and $405 in costs, subject to the rules concerning payment to the plaintiff or counsel and avoiding double recovery under 42 U.S.C. § 406.

Holdings

1. The magistrate judge recommended finding that Plaintiff was entitled to an EAJA award because he was the prevailing party, the government's decision was not substantially justified, and the requested hours and hourly rate were reasonable.
2. The magistrate judge recommended awarding Plaintiff $8,500 in attorney fees and $405 in costs under the EAJA, with the fee award payable to Plaintiff unless a valid assignment and absence of outstanding federal debt permit direct payment to counsel.

Questions Presented

1. Whether Plaintiff was entitled to an EAJA award because he was the prevailing party and the government's denial of benefits was not substantially justified.
2. Whether the requested attorney hours, paralegal hours, and CPI-adjusted hourly rate were reasonable.
3. Whether the EAJA award should include reimbursement of the $405 filing fee and be payable to Plaintiff subject to any valid assignment and federal-government debt offset.

Disposition

other