Butler v. Commissioner of Social Security

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
GUY WILLIAM B.,
Plaintiff,
VS.
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CIVIL ACTION NO. 2:25-CV-00270
FRANK BISIGNANO,
Defendant.
MEMORANDUM & RECOMMENDATION
On March 24, 2026, pursuant to sentence four of 42 U.S.C. § 405(g), the
undersigned granted the unopposed motion to remand (D.E. 14) and entered a Judgment
that this matter be REVERSED and REMANDED to the Social Security Administration
for further proceedings. (D.E. 15). Now pending is Guy William B.’s motion for
attorney’s fees brought pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C.
§ 2412(d). (D.E. 16). The Commissioner is unopposed to the motion. For the reasons
discussed further below, it is recommended that the motion be GRANTED.
The undersigned specifically concludes that Guy William B. is the prevailing
party, the position of the United States was not substantially justified, and there are no
special circumstances that make an award of fees unjust. 28 U.S.C. § 2412(d)(1)(A).
United States District Court
Southern District of Texas
ENTERED
May 12, 2026
Nathan Ochsner, Clerk
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Moreover, the 31.9 hours spent by counsel1 and the $7,500.00 in fees and costs in the
amount of $405.00 (D.E. 16-1) requested are appropriate and reasonable.
Accordingly, it is recommended that the application for EAJA fees (D.E. 16) be
GRANTED. It is further recommended that Guy William B.’s attorney of record be
awarded the sum of $7,500.00 in attorney’s fees and costs in the amount of $405.00
pursuant to the EAJA. In accordance with Astrue v. Ratliff, 560 U.S. 586, 591-98 (2010),
the attorney fee award should be made payable to Plaintiff, Guy William B., and mailed
in care of his attorney, David F. Chermol, Chermol & Fishman, LLC, 11450 Bustleton
Avenue, Philadelphia, PA, 19116. It is recommended that the Court order that (1)
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 and (2) 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.
Respectfully recommended on May 12, 2026.
____________________________
Julie K. Hampton
United States Magistrate Judge
1 Plaintiff’s counsel seeks compensation for only 30.0 hours actually expended. (D.E. 16-1 at 3).
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NOTICE TO PARTIES
The Clerk will file this Memorandum and Recommendation and transmit a copy to
each party or counsel. Within FOURTEEN (14) DAYS after being served with a copy of
the Memorandum and Recommendation, a party may file with the Clerk and serve on the
United States Magistrate Judge and all parties, written objections, pursuant to Fed. R.
Civ. P. 72(b), 28 U.S.C. § 636(b)(1), General Order No. 2002-13, United States District
Court for the Southern District of Texas.
A party’s failure to file written objections to the proposed findings, conclusions,
and recommendation in a magistrate judge’s report and recommendation within
FOURTEEN (14) DAYS after being served with a copy shall bar that party, except upon
grounds of plain error, from attacking on appeal the unobjected-to proposed factual
findings and legal conclusions accepted by the district court. Douglass v. United Servs.
Auto Ass’n, 79 F.3d 1415 (5th Cir. 1996)(en banc).
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