Mark M. v. Commissioner of Social Security

Summary

The court approved a stipulated award of $6,384.17 in attorney’s fees under the Equal Access to Justice Act and $405.00 in costs after remanding the plaintiff’s Social Security benefits claim for further proceedings. The fees are payable to plaintiff’s counsel if the plaintiff provides a valid assignment and the government does not apply the Anti-Assignment Act.

Holdings

1. A plaintiff who obtains a remand under the circumstances presented is a prevailing party for purposes of the EAJA.
2. A stipulation between the parties does not relieve the court of its obligation to determine whether an EAJA fee amount is reasonable.
3. An EAJA award was warranted because the government did not establish that its position was substantially justified and the court found no special circumstances making an award unjust.
4. The stipulated attorney's fee of $6,384.17, reflecting an effective hourly rate of $251.35 for 25.4 hours, was reasonable and could be approved.
5. The award was payable to plaintiff's counsel if counsel provided a valid assignment and the applicable federal-debt-offset and Anti-Assignment Act conditions were satisfied; otherwise, the award was payable to plaintiff but delivered to counsel.

Questions Presented

1. Whether plaintiff was a prevailing party eligible for an EAJA award after obtaining a remand of the Social Security benefits action.
2. Whether the government's position was substantially justified or special circumstances made an EAJA award unjust.
3. Whether the stipulated attorney's fee amount and documented hours were reasonable.
4. Whether the EAJA fees could be paid to plaintiff's counsel pursuant to an assignment, subject to federal-debt offset and the Anti-Assignment Act.

Disposition

approved