Summary
The United States District Court for the Western District of Michigan approves and adopts a magistrate judge’s report and recommendation concerning Plaintiff’s motion for attorney’s fees under the Equal Access to Justice Act. The court rejects Plaintiff’s objection to the $204.75 hourly rate and holds that the requested $246.75 rate is not justified. The court grants the fee motion in part and denies it in part, awarding $4,699.01 payable directly to Plaintiff.
Court
United States District Court for the Western District of Michigan, Southern Division
Jurisdiction
United States District Court for the Western District of Michigan, Southern Division
Decision date
February 26, 2026
Docket number
1:25-cv-270
Disposition
other
Questions Presented
- Whether the district court should approve and adopt the magistrate judge's Report and Recommendation after conducting de novo review of Plaintiff's objections.
- Whether Plaintiff established that an EAJA attorney-fee rate of $246.75 per hour was justified rather than the $204.75 per hour rate used in the Western District of Michigan.
- Whether Plaintiff was entitled to an automatic attorney-fee award under the EAJA merely because she prevailed against the government.
Holdings
- The district court must conduct de novo review of properly objected-to portions of a magistrate judge's recommended disposition and may accept, reject, or modify the recommendation. After conducting that review, the court approved and adopted the Report and Recommendation.
- Plaintiff did not establish that a fee rate of $246.75 per hour was justified. An award of $204.75 per hour was reasonable under the EAJA in the Western District of Michigan.
- A prevailing party in an action seeking judicial review of a Social Security decision is not entitled to EAJA attorney's fees as a matter of course or automatically.
Court Document
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