Cruz-Coss v. Commissioner of Social Security - DEFENDANT

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
Luis R. C.C.1,
Plaintiff,
v.
COMMISSIONER OF SOCIAL SECURITY,
Defendant.
CIVIL NO. 25-1397 (GLS)
ORDER
Plaintiff Luis R. C.C. filed a Complaint seeking review of a final decision of the Commissioner of
Social Security (“Commissioner”) denying his application for disability insurance benefits. Docket No. 3.
On July 30, 2025, this case was referred to the undersigned for disposition. Docket Nos. 8-9. On March
4, 2026, the Commissioner moved the Court to enter an order reversing its final decision and remanding
Plaintiff Luis R.C.C.’s case to the Social Security Administration for further proceedings pursuant to
sentence four of 42 U.S.C. § 405(g). Docket No. 20. The Court granted the Commissioner’s request and
entered Judgment remanding Plaintiff’s disability insurance benefits claim for further administrative
proceedings pursuant to the fourth sentence of 42 U.S.C. § 405(g). Docket Nos. 22-23.
On May 1, 2026, Plaintiff filed an unopposed motion requesting attorney’s fees under the Equal
Access to Justice Act, 28 U.S.C. § 2412(d) (“EAJA”). Docket No. 24. Under section 2412(d)(1)(A) of the
EAJA, a court shall award to a prevailing party, other than the United States, fees and other expenses
incurred by that party in any civil action brought by or against the United States in any court having
jurisdiction of that action, unless the court finds that the position of the United States was substantially
justified or that special circumstances make an award unjust. See 28 U.S.C. § 2412(d)(1)(A). Eligibility
for a fee award in any civil action under the EAJA requires: (1) that the claimant be a “prevailing party;”
(2) that the Government’s position was not “substantially justified;” (3) that no special circumstances
make an award unjust; and (4) that any fee application be submitted to the court within 30 days of final
judgment, supported by an itemized statement as required by 28 U.S.C. § 2412(d)(1)(B). See Comm’r
I.N.S. v. Jean, 496 U.S. 154, 158 (1990).
1 Plaintiff’s last name is omitted for privacy reasons.
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Plaintiff requests that the fees be paid directly to Plaintiff’s attorney, provided that Plaintiff owes
no debt to the Federal Government that is subject to offset under the U.S. Treasury Program. Docket No.
24. Plaintiff maintains that he complied with all the statutory requirements under the EAJA for the award
of attorney’s fees. Id.
Considering that the parties reached an agreement as to the amount to be paid pursuant to the EAJA
(Docket Nos. 24-25), the Court GRANTS Plaintiff’s request for attorney’s fees against the United States
of America in the amount of $7,902.42.
IT IS SO ORDERED.
In San Juan, Puerto Rico, this 15th day of May 2026.
s/Giselle López-Soler
GISELLE LÓPEZ-SOLER
United States Magistrate Judge
Case 3:25-cv-01397-GLS Document 26 Filed 05/15/26 Page 2 of 2