How do EAJA fees pay my attorney?

The Equal Access to Justice Act, also know as "EAJA", allows the United States government to pay a attorney's fees incurred during a Federal Appeal when the plaintiff is the prevailing party.

When filing an application for fees under the Equal Access to Justice Act you must explain several key points, including: evidence that the plaintiff is the prevailing party; that the government did not substantially justify its position; and that the amount of fees requested is reasonable.

Prevailing Party

When a claim is remanded, due to an error of law, the plaintiff becomes the prevailing party. In the EAJA application the attorney explains in a brief summary the Federal Court judge's decision is enough to prove the plaintiff is the prevailing party.

Social Security Administration - Not Justified

Next, you have to show that the Commissioner of SSA's position was not substantially justified. If there was an agreed remand in the case, than the joint remand motion by the plaintiff and defendant will list in the remand the errors that were made by the Administrative Law Judge (‘ALJ'). If there was not an agreement by the parties, then the Federal Judges decision granting the position of the plaintiff is enough to show the Commissioner's position was not justified.

Request Reasonable Fees

The EAJA application must list the amount of fees that are being sought and a breakdown of time necessary for each line item. The hourly statutory rate is listed under the EAJA statute, allowing $125 per hour. In order to request higher fees you must list the cost of living increase and the amount of the increase from 1996 (when the EAJA came into effect) to 2009, showing what the cost of the Attorney fees should be for 2009.

EAJA fees can be requested by either a claimant or an attorney who worked at the Federal level. The fees are generally made payable to the claimant unless there is a signed waiver granting fees to the attorney.

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