- DISABILITY CLAIM FAQ
A federal court judge ruled today that the Social Security Administration (the “SSA”) should pay my client’s legal fees under the Equal Access to Justice Act (“EAJA”) for pursuing an appeal even after the SSA offered to remand the case for another hearing before the SSA Administrative Law Judge (“ALJ”). I received a similar decision in another case about three months ago.
U.S. District Judge Hurley remanded the case for another hearing before the same ALJ, and then referred my motion for EAJA fees to U.S. Magistrate Judge William Wall. Today, Magistrate Judge Wall ruled that it was reasonable to award attorney fees for time I spent working on the claimant’s appeal after I refused to accept the SSA’s offer to remand the case. The EAJA award will reduce the claimant’s legal fees if, as anticipated, Social Security Disability (“SSD”) benefits are approved on remand.
Magistrate Judge Wall’s decision is significant because there are relatively few reported decisions where a plaintiff’s attorney has been awarded EAJA fees for time spent after the SSA offered a remand. The decision was also significant because it ruled that I was entitled to be reimbursed for Westlaw research costs.Previous Next
DISCLAIMER This website provides general information on disability law topics as a public service. Information is intended to be as accurate and current as possible, but should not be relied on as legal advice. No attorney/client relationship is created by viewing or using the content on this website. Each legal problem is different, and past performance does not guarantee future results. You should not act on any of the information contained in this site without first consulting legal counsel, which is why readers are advised to seek experienced legal representation in connection with disability related issues. Our Internet links are not associated with us, and we do not guarantee the accuracy of, any information contained in any link.
Copyright © 2021, Law Offices of Jeffrey Delott
Site Powered By: WebDesignYou