MAINER
v.
COMMISSIONER OF SOCIAL SECURITY
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Sandra Mainer, as the prevailing party in a Social Security disability benefits case, sought an award of $6,430.00 in attorney's fees under the Equal Access to Justice Act (EAJA). The district court granted her unopposed motion, finding her entitled to EAJA fees after obtaining a favorable remand decision from the Social Security Commissioner.
Mainer is entitled to an award of $6,430.00 in attorney's fees under the EAJA as the prevailing party. The fees are to be paid to Mainer's counsel through her assignment of fees, subject to offset for any pre-existing federal debt owed by Mainer.
[1] Attorney fees awarded under the Equal Access to Justice Act (EAJA) are subject to federal administrative offset for outstanding federal debts owed by the litigant.
[2] Court filing fees are recoverable costs under 28 U.S.C. …
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Join FLexlaw to unlock all legal intelligence“a party who wins a sentence-four remand order under 42 U.S.C. § 405(g) is a prevailing party”
Establishes that Mainer qualifies as a prevailing party eligible for EAJA fees based on her successful remand.
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Join FLexlaw to unlock all legal intelligenceMainer obtained a favorable decision from the Social Security Commissioner on remand pursuant to 42 U.S.C. § 405(g), resulting in an award of disabili…
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The plaintiff Sandra Mainer moves unopposed for an award of $6,430.00 in attorney's fees as the prevailing party under the Equal Access of Justice Act (“EAJA”), 28 U.S.C. § 2412(d). Doc. 30. A June 3, 2024, order grants Mainer's unopposed motion for the entry of judgment after she obtained a favorable decision from the Commissioner on remand pursuant to 42 U.S.C. § 405(g), which resulted in an award of disability benefits. Doc. 25. The Clerk subsequently entered judgment in favor of Mainer. Doc. 26. A July 8, 2024, order, awards $26,689.68 in attorney's fees under 42 U.S.C. § 406(b) and directs counsel to refund to Mainer any attorney's fees received under the EAJA. Doc. 29, at 2.
As the prevailing party, Mainer now seeks an award of attorney's fees under the EAJA. See 28 U.S.C. § 2414(d)(1)(A); cf. Shalala v. Schaefer, 509 U.S. 292, 300-02 (1993) (concluding that a party who wins a sentence-four remand order under 42
U.S.C. § 405(g) is a prevailing party), superseded by rule on other grounds, Fed. R. Civ. P. 58(c)(2)(B). After an order awarding EAJA fees, the United States Department of the Treasury determines whether Mainer owes a debt to the government. See Astrue v. Ratliff, 560 U.S. 586, 592–93 (2010) (“A § 2412(d)(1)(A) attorney's fees award is payable to the litigant and is therefore subject to an offset to satisfy the litigant's preexisting debt to the Government."). Absent a federal debt, the government will accept her assignment of EAJA fees and pay the fees directly to her counsel.
The Commissioner consents to the requested relief. Additionally, Mainer's counsel filed an affidavit in support of the petition. Doc. 30-1. Therefore, for the reasons stated by Mainer, the motion for attorney fees under the EAJA, Doc. 30, is GRANTED. Mainer shall receive $6,430.00 in attorney's fees under the EAJA. Unless the Department of Treasury determines that Mainer owes a federal debt, the defendant must pay the fees to Mainer's counsel in accord with Mainer's assignment of fees. See Doc. 30-2.
ORDERED on this 17th day of October, 2024.
LINDSAY S. GRIFFIN
United States Magistrate Judge
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