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Thursday, September 9th, 2010
EAJA Fees
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.
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- No More Paper Checks
- Treating Doctors
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- Lyme Disease
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- Date Last Insured
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- SSA Doctors
- Protective Filing Date
- SSA Delays
- On The Record Requests
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- Disability Opinions & Medical Tests
- LTD and SSD
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- Attorney Advisors
- Social Security Doctors
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- Electronic Records Express
- Multiple Impairments
- Income Doesn't Bar Disability Benefits
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- Proving Disabling Pain
- EAJA Fees
- IMA Disability Services
- Self Employment
- Medical Listing Opinions
- Treatment Records
- Avoiding SSD Hearings
- Federal Court Remand
- The MTA & SSD
- When Work Doesn’t Count
- Gastroparesis
- Sjogren's Syndrome
- Benefits After A Federal Court Remand
- Firefighter Gets SSD Benefits
- Prudential Approved LTD, For Now
- Chronic Fatigue Syndrome
- Getting Benefits While Working
- EAJA Fees
- Stroke
- New Jersey District Court Remand
- District Court Remand
- ALJ Hoppenfeld Overtly Acts Biased
- Veterans
- NYCERS & SSD
- Medical Evidence and Functionality
- Deceptive SSA Notices
- Onset Date
- Queens ALJs
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- Parkinson’s Disease
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- EAJA Fees
- Consultative Examinations
- New Office
- Complaining About Biased ALJs
- IMA Disability Services
- Multiple Impairments
- NYCERS
- Primary Care Physicians
- Social Security Rulings
- Anxiety
- Fibromyalgia
- Retrospective Medical Opinion
- Disability For Federal Employees
- The Grids
- Chronic Fatigue Syndrome
- Adult Disabled Children
- Charcot-Marie-Tooth
- Depression and Anxiety
- RSD/CRPS
- Getting SSD Even If You Can Work
- Health Insurance For Children
- Health Insurance For Children
- Settling With CIGNA
- Avoiding An Improper Consultative Exam
- Multiple Sclerosis
- Protective Filing Dates
- SSD Delays
- Reopening Past SSD Denial
- ALJ Strauss’ Reliance On ME Cohen’s Testimony Proves She Is Biased
- Listed Impairments
- Multiple Medical Sources
- Attorney Advisors
- Avoiding Consultative Examinations
- Atypical Parkinson’s
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- Subpoena The SSA Doctor
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- ALJ Nisenewitz: Stupid or Biased?
- LTD & Health Insurance
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- SSD & Taxes
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- Don’t Believe Everything You Read
- On The Record Request
- Avoiding SSD Remand Hearing
- NYCERS Disability Retirement
- Submitting Medical Records
- CIGNA Ordered To Pay For Its Actions
- Oops, CIGNA’s Done It Again
- Hearing Office Attorneys
- Hearing Notice
- Appeals Council Rebukes ALJ Fier
- Unsuccessful Work Attempts
- Medical Assessments
- Disability & Downsizing
- Consultative Examinations
- Obama Disability Benefit
- Court Blasts CIGNA LTD Benefit Termination
- Obama and Social Security Benefits
- “Fully Favorable” Decisions
- SSD Secret
- Notice of Dismissal
- Initial SSA Decisions
- Appeals Council Scolds ALJ
- Unum Cases In New York
- Medical Evidence
- Prior Applications
- Disability is Functionality
- Medical Records & Reports
- Social Security Files
- Applicaiton Filing Date
- Representing Yourself
- Disabled Voters
- Vertigo
- Multiple Impairments
- Myasthenia Gravis
- More Is Better
- Disability Benefits & Work
- SSA Medical Reports
- Negotiating Disability Benefits
- Consultative Examinations
- GMA Exposes CIGNA
- Work History
- Onset and Application Dates
- Supreme Court Helps LTD Claimants
- Expediting SSD Cases
- Two Heads Are Better Than One
- LTD Litigation
- Retrospective Medical Opinions
- Establishing An Onset Date
- Field Visit
- Multiple Attorneys
- Self Employment
- Special Accommodations
- Multiple Disability Benefits
- Clarifying Objective Evidence
- “Fully Favorable” Decisions
- Treating Sources
- SSD & Mental Disability
- Using Vocational Evidence To Expedite Benefits
- Attorney Adjudicator
- Past Earnings
- Benefits Without A Hearing
- Irrelevant Medical Conditions
- Establishing Credibility
- Medical Updates
- No Health Insurance
- Application Dates
- Possible Delay Remedy
- Unum Reassessment Loophole
- Benefits Despite Income
- Consultative Examinations
- “Accentuate The Positive, Eliminate The Negative”
- Dire Need
- How To Avoid Hearing Delays
- Police Disability
- Seminar
- Expediting LTD Benefits
- Uveitis
- TBI and Vocational Evidence
- Failure To Receive Notice
- Mental Disorders
- Inability To Speak English
- Discovery In ERISA Cases
- Don’t Be Intimidated By DDS
- Multiple Sclerosis
- Avoiding Hearings
- Working Does Not Preclude Benefits
- Be Wary of Forms
- Exam Secrets
- SSD for Firefighter
- Consultative Examinations
- Purpose of SSD Hearing
- Why Wait?
- Insurance Department Complaint
- Overreach For Disability Retirement
- Vertigo
- No Objective Testing Required for Chronic Fatigue
- Non-binding Disability Decision
- Always Check The Listings
- LTD & SSD
- Avoid Early Retirement
- Getting Benefits Faster
- Medical Records & Reports
- Corroborating Physicians
- Unemployment Benefits
- Miano v. Barnhart
- Benefits Despite Working
- Work History Credibility
- Reflex Sympathetic Dystrophy
- Arthritis Foundation
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