Narcisse v. Bisignano

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
FAITH MAHOGANY NARCISSE,
Plaintiff,
§
§
§
§
§
§
§
§
§
§
§
v. 	CIVIL ACTION NO. 4:25-cv-2135
FRANK BISIGNANO,
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
MEMORANDUM AND RECOMMENDATION
Pending before the Court1 is Plaintiff’s Motion for Attorney fees and
expenses pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2414
et seq. 	(ECF No. 17). 	Defendant is unopposed. 	(ECF No. 19). 	Based on a
review 	of 	the 	motion, 	arguments, 	and 	relevant 	law, 	the 	Court
RECOMMENDS 	Plaintiff’s 	Motion 	for 	Attorney 	fees 	(ECF 	No. 	17) 	be
GRANTED. 	If this Memorandum and Recommendation adopted by the
District Court Judge, it is ORDERED that:
1. Defendant will pay Plaintiff a total of $8,085.00 in EAJA fees and costs
in the amount of $405.00. 	This award owed is payable to Plaintiff, not
directly to their counsel, consistent with Astrue v. Ratliff, 130 S.Ct. 2521
1 This case was referred to the Undersigned for all purposes pursuant to 28 U.S.C.
§ 636(b)(1)(A) and (B) and Federal Rule of Civil Procedure 72. (ECF No. 3).
United States District Court
Southern District of Texas
ENTERED
November 18, 2025
Nathan Ochsner, Clerk
Case 4:25-cv-02135 Document 20 Filed 11/18/25 in TXSD Page 1 of 2

2
(2010). Payment will be mailed to Plaintiff’s attorney at his office: David
F. 	Chermol, 	Chermol 	& 	Fishman, 	LLC, 	11450 	Bustleton 	Avenue,
Philadelphia, PA, 19116.
2. Defendant’s payment of this award bars any and all claims Plaintiff may
have relating to EAJA fees and expenses in connection with this action.
3. Defendant’s payment of this award is without prejudice to Plaintiff’s
right to seek attorney fees under section 206(b) of the Social Security Act,
42 U.S.C. § 406(b), subject to the offset provisions of the EAJA.
The Clerk shall send copies of this Memorandum and Recommendation
to the respective parties who have fourteen days from the receipt thereof to file
written objections thereto pursuant to Federal Rule of Civil Procedure 72(b)
and General Order 2002-13. Failure to file written objections within the time
period mentioned shall bar an aggrieved party from attacking the factual
findings and legal conclusions on appeal.
SIGNED in Houston, Texas on November 18, 2025.
______________________________
Richard W. Bennett
United States Magistrate Judge
Case 4:25-cv-02135 Document 20 Filed 11/18/25 in TXSD Page 2 of 2