Szczygiel v. Commissioner of Social Security, No. 2:2019cv00311 - Document 22 (N.D. Ind. 2020)

Court Description: OPINION AND ORDER GRANTING 20 MOTION for Attorney Fees PLAINTIFFS MOTION FOR ATTORNEY FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT and 21 Joint EAJA STIPULATION re 20 MOTION for Attorney Fees PLAINTIFFS MOTION FOR ATTORNEY FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT and AWARDING the plaintiff an EAJA fee in the amount of $8,700. This award may be offset to satisfy any pre-existing debt the plaintiff may owe to the United States. However, any portion of this award not used to offset a pre-existing debt of the plaintiff to the government should be made payable directly to the plaintiff's counsel pursuant to the EAJA assignment executed by the plaintiff. Signed by Chief Judge Jon E DeGuilio on 10/7/2020. (bas)

Download PDF
Szczygiel v. Commissioner of Social Security Doc. 22 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA HAMMOND DIVISION STEVEN SZCZYGIEL Plaintiff, v. ANDREW SAUL, Commissioner of Social Security Defendant. ) ) ) ) ) ) ) ) ) Case No. 2:19-cv-311-JD OPINION AND ORDER This matter is before the Court on plaintiff’s motion for an award of attorney fees under the EAJA [DE 20], following the remand of this action to the Commissioner. The motion seeks an award of $9,245.66. The parties have stipulated to an award of $8,700.00. [DE 21]. The EAJA provides that “a court may award reasonable fees and expenses of attorneys . . . to the prevailing party in any civil action brought by or against the United States or any agency.” 28 U.S.C. § 2412(b). A party seeking an award of fees for a successful action against the government is entitled to recover its attorneys’ fees if: (1) the party was a prevailing party; (2) the government’s position was not substantially justified; (3) there are no special circumstances that would make an award unjust; and (4) the application for fees is timely filed with the district court (that is, within thirty days after the judgment is final and not appealable). 28 U.S.C. § 2412(d)(1)(A), (B) and (d)(2)(G); Cunningham v. Barnhart, 440 F.3d 862, 863 (7th Cir. 2006); Golembiewski v. Barnhart, 382 F.3d 721, 723–24 (7th Cir. 2004). Given the parties’ agreement, the Court GRANTS the stipulation [DE 21], and AWARDS the plaintiff an EAJA fee in the amount of $8,700.00. This award may be offset to satisfy any pre-existing debt the plaintiff may owe to the United States. However, any portion of 1 Dockets.Justia.com this award that is not used to offset a pre-existing debt of the plaintiff to the government should be made payable directly to the plaintiff’s counsel pursuant to the EAJA assignment executed by the plaintiff. [DE 20-2 at 1]; see Mathews-Sheets v. Astrue, 653 F.3d 560, 565 (7th Cir. 2011). SO ORDERED. ENTERED: October 7, 2020 /s/ JON E. DEGUILIO Chief Judge United States District Court 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.