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 |
Forcing staff to do half-assed work costs a lot of money.
ReplyDeleteNot requiring even minimal competence in medical or vocational evidence and terminology by the reviewing body costs a lot of money, too.
Delete@7:32: You don’t demand competence when all you want is half-assed work at a fast-food clip.
DeleteWow. SSA and VA keep a lot of lawyers employed
ReplyDeleteMy eyes popped at the fee FTC paid in a single action. How did that happen?
ReplyDeleteI googled FTC eaja and found this https://www.thewbkfirm.com/industry/ftc-must-pay-defendants-attorneys-fees-in-unjustified-deceptive-advertising-case so that's my guess. A lying telemarketer...
DeleteAverage EAJA fee is $6,300. The waterfall chart just released said 65% of Court cases result in Remand. An attorney just doing these cases doing only two or three cases per month could make a living on that basis alone. I know some that are doing just that with many more cases on referrals from firms that choose not to take cases to District Court.
ReplyDelete