CHAPPELLE
v.
COMMISSIONER OF SOCIAL SECURITY
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A district court granted an unopposed motion for attorney's fees under the Equal Access to Justice Act (EAJA) in a Social Security disability benefits case where the court had previously reversed and remanded the case to the Commissioner. The plaintiff, as the prevailing party, was awarded $1,054.13 in attorney's fees.
The court held that the plaintiff, as the prevailing party who obtained a remand order, is entitled to attorney's fees under the EAJA. The court awarded fees in the amount of $1,054.13, with payment to be made by the government unless the plaintiff owes a federal debt.
[1] A party who obtains a sentence-four remand order under 42 U.S.C. …
[2] Attorney's fees may be awarded under the Equal Access to Justice Act to a prevailing party in an action seeking review of a Commissioner of Social Security decision.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
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 remand orders qualify a party for prevailing party status under EAJA for attorney's fees purposes
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceThe court had previously entered an order on February 3, 2025, reversing and remanding the case to the Commissioner for further administrative proceed…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Sentence Four Remand cases and more on FLexlaw
This cause comes before the Court on Plaintiff's Unopposed Motion for Attorney's Fees. (Doc. 16). By the Motion, Plaintiff seeks attorney's fees in the amount of $1,054.13 pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d). On February 3, 2025, this Court entered an Order reversing and remanding the case to the Commissioner for further administrative proceedings. (Doc. 13). Thereafter, the Clerk entered judgment in favor of Plaintiff. (Doc. 14).
As the prevailing party, Plaintiff now requests an award of attorney's fees. See 28 U.S.C. § 2412(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 issuance of an order awarding EAJA fees, the United States Department of the Treasury will determine whether Plaintiff owes a debt to the government. If Plaintiff has no discernable federal debt, the government will accept Plaintiff's assignment of EAJA fees and pay the fees directly to Plaintiff's counsel.
The Commissioner does not oppose the requested relief. (Doc. 16, at 4). Additionally, Plaintiff's attorney filed a declaration in support of the motion. (Doc. 16, at 2-5). Therefore, for the reasons set out in Plaintiff's motion and supported by the affidavits, it is hereby
ORDERED:
1. Plaintiff's Unopposed Motion for Attorney's Fees (Doc. 16) is
GRANTED.
2. Plaintiff is awarded fees in the amount of $1,054.13. Unless the Department of Treasury determines that Plaintiff owes a federal debt, the government must pay the fees and costs to Plaintiff's counsel in accordance with Plaintiff's assignment. (Docs. 16, at 4).
DONE AND ORDERED in Tampa, Florida, on this 25th day of February 2025.
ANTHONY E. PORCELLI
United States Magistrate Judge cc: Counsel of Record
2