The U.S. Court of Appeals for the 4th Circuit has issued an opinion in Stephens v. Astrue that an attorney fee under the Equal Access to Justice Act (EAJA) belongs to the claimant and is subject to attachment for debts owed the federal government. This was fairly predictable since the 4th Circuit is, by far, the most conservative of the federal Courts of Appeal. Many, perhaps most, Social Security cases that go to the federal courts end with the government having to pay an EAJA fee. This issue is likely headed to the Supreme Court, probably in the next term. Legislative action on the issue is also possible.
1 comment:
A fee is compensation for the lawyer, isn't it? And, it is also a sort of fine on the defendent (in this,case the US govt. in the form of SSA) for failure to act on the citizen's valid claim. So, I'm not seeing their reasoning. Were I not so lazy, I'd look up the decision--but, .....not. heh
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