James D. Womble v. Frank Bisignano, Commissioner, Social Security Administration

Summary

The United States District Court for the Western District of Arkansas grants Plaintiff James D. Womble’s unopposed motion for attorney’s fees under the Equal Access to Justice Act. The court awards $6,620.00 in fees and no costs, payable to the plaintiff subject to the conditions described in Astrue v. Ratliff, and notes that the award will be considered when any fee is later determined under 42 U.S.C. § 406.

Holdings

1. A prevailing plaintiff is entitled to an EAJA fee award when the government's position was not substantially justified and the requested award satisfies the statute's requirements; Plaintiff was entitled to fees in this case.
2. The court approved the stipulated EAJA attorney-fee award of $6,620.00 and awarded no costs.
3. The EAJA award is payable to Plaintiff, but may be paid directly to Plaintiff's attorney if Plaintiff validly assigned the fee rights to counsel and owes no outstanding federal debt.

Questions Presented

1. Whether Plaintiff was entitled to attorney fees under the Equal Access to Justice Act.
2. Whether the stipulated EAJA fee award of $6,620.00 was permissible and should be awarded to Plaintiff or, under specified conditions, directly to Plaintiff's attorney.

Disposition

other