(SS) Gonzales v. Commissioner of Social Security
1:21-cv-01269-AWI-HBK
E.D. Cal.Dec 8, 2022Background:
- Plaintiff Teri Lynn Gonzales filed for judicial review of a Social Security matter; the parties stipulated to a sentence-four remand and the Court granted the remand on September 7, 2022 (judgment entered same day).
- On December 6, 2022 the parties filed a stipulated motion requesting EAJA attorney fees of $6,600 for plaintiff’s counsel, Jonathan O. Peña.
- The Equal Access to Justice Act (EAJA) permits fee awards to prevailing parties unless the government’s position was substantially justified or special circumstances make an award unjust.
- The government did not demonstrate that its position was substantially justified; no special circumstances were shown.
- The Court awarded $6,600 in attorney fees and expenses, subject to any offsets under the Treasury Offset Program (TOP), and directed payment to counsel per the plaintiff’s fee assignment if no federal debt is found.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to EAJA fees (prevailing party) | Gonzales is a prevailing party because she obtained a sentence-four remand and is therefore entitled to EAJA fees | Parties stipulated to an award of fees | Court granted EAJA fees to the prevailing party |
| Whether government’s position was substantially justified or special circumstances exist | Government’s position was not substantially justified; no special circumstances exist to defeat fees | Government did not establish substantial justification | Court found government not substantially justified and no special circumstances; fees awarded |
| Payment mechanics and offsets | Fees should be paid to counsel pursuant to plaintiff’s assignment | Payment is subject to TOP offsets if plaintiff owes federal debt | Fees awarded ($6,600); payable to counsel unless Treasury determines a TOP offset applies |
Key Cases Cited
- Shalala v. Schaefer, 509 U.S. 292 (1993) (a sentence-four remand under 42 U.S.C. § 405(g) makes a plaintiff a prevailing party)
- Astrue v. Ratliff, 560 U.S. 586 (2010) (EAJA fees may be subject to Treasury Offset Program offsets against federal debts)