Landon Lee Scheffler v. Frank Bisgnano, Commissioner of Social Security

Summary

The United States District Court for the Western District of Oklahoma granted Plaintiff Landon Lee Scheffler’s unopposed motion for attorney’s fees under the Equal Access to Justice Act. The court awarded $7,350.20, payable directly to Plaintiff, after finding that Plaintiff was the prevailing party, the government’s position was not substantially justified, and no special circumstances made an award unjust. The order also directed counsel to refund the smaller award if fees are later awarded under 42 U.S.C. § 406(b).

Holdings

1. Plaintiff was entitled to an Equal Access to Justice Act fee award of $7,350.20 because he was a prevailing party, the position of the United States was not substantially justified, and no special circumstances made an award unjust.
2. The $7,350.20 fee award was to be paid directly to Plaintiff and sent in care of Plaintiff's counsel.

Questions Presented

1. Whether Plaintiff was entitled to attorney fees under the Equal Access to Justice Act after obtaining reversal and remand of the Social Security Administration's decision.

Disposition

other