The Equal Access to Justice Act (EAJA) shifts the costs of attorney fees to the federal government if the agency loses in many cases. For Social Security EAJA fees are awarded in almost all cases won in the federal courts or remanded from them, but not those resolved administratively.
The Administrative Conference of the United States (ACUS) produces an annual report on EAJA awards. Here’s a table from the report for 2025:
|
Agency |
# of Awards Reported |
Total Amount Reported |
|
Social Security Administration |
8,447 |
$ 53,220,859.93 |
|
Department of Veterans Affairs |
6,834 |
$ 53,527,169.71 |
|
Department of Homeland Security |
40 |
$ 11,025,985.33 |
|
Federal Trade Commission |
1 |
$ 3,046,291.94 |
|
Department of the Interior |
10 |
$ 1,785,233.00 |
|
Department of War |
35 |
$ 1,388,437.86 |
|
Department of Agriculture |
12 |
$ 1,301,602.26 |
|
Environmental Protection Agency |
4 |
$ 1,220,000.00 |
|
Department of Commerce |
4 |
$ 1,013,000.00 |
|
Department of Justice |
3 |
$ 287,569.00 |
|
Department of Health and Human Services |
5 |
$ 232,499.00 |
|
Department of Housing and Urban Development |
5 |
$ 168,475.00 |
|
Department of Energy |
1 |
$ 140,003.20 |
|
National Labor Relations Board |
2 |
$ 105,539.00 |
|
Department of Labor |
1 |
$ 76,190.47 |
|
Department of Transportation |
1 |
$ 51,762.00 |
|
Railroad Retirement Board |
1 |
$ 7,330.60 |
|
Totals |
15,406 |
$128,597,948.30 |
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