March v. Commissioner of Social Security

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
EMMALEIGH MARCH,
Plaintiff,
v.
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
________________________________/
Hon. Robert J. Jonker
Case No. 1:25-cv-362
REPORT AND RECOMMENDATION
This matter is before the Court on Plaintiff Counsel’s Motion for Attorney Fees
Pursuant to the Equal Access to Justice Act. (ECF No. 13). The Court recently
remanded this matter for further administrative action pursuant to sentence four of
42 U.S.C. § 405(g). Plaintiff’s counsel now seeks $3,173.62 in fees. Pursuant to 28
U.S.C. § 636(b)(1)(B), the undersigned recommends that counsel’s motion be granted.
Pursuant to the Equal Access to Justice Act (EAJA), the prevailing party in an
action seeking judicial review of a decision of the Commissioner of Social Security
may apply for an award of fees and costs. See 28 U.S.C. § 2412(d)(1)(A). While a
prevailing party is not entitled, as a matter of course, to attorney fees under the
EAJA, see United States v. 0.376 Acres of Land, 838 F.2d 819, 825 (6th Cir. 1988),
fees and costs are to be awarded unless the Court finds that the Commissioner’s
position was “substantially justified” or that “special circumstances make an award
unjust.” 28 U.S.C. § 2412(d)(1)(A).
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The Commissioner has not opposed counsel’s motion. Moreover, the amount
requested in fees is reasonable. Accordingly, the undersigned recommends that
EAJA fees be awarded in the amount of three thousand, one hundred seventy-three
dollars and sixty-two cents ($3,173.62). In light of the Supreme Court’s decision in
Astrue v. Ratliff, 560 U.S. 586 (2010), however, any award of EAJA fees must be
entered in Plaintiff’s favor. Id. at 591-93; see also, 28 U.S.C. § 2412(d)(1)(A) (the
EAJA awards fees “to a prevailing party”); Kerr v. Commissioner of Social Security,
874 F.3d 926, 934-35 (6th Cir. 2017) (reaffirming that Astrue requires EAJA fees to
be paid to the claimant).
CONCLUSION
For the reasons articulated herein, the undersigned recommends that Plaintiff
Counsel’s Motion for Attorney Fees, (ECF No. 13), be granted. Specifically, the
undersigned recommends that Plaintiff be awarded three thousand, one hundred
seventy-three dollars and sixty-two cents ($3,173.62) pursuant to the EAJA and that
such be paid directly to Plaintiff.
OBJECTIONS to this report and recommendation must be filed with the Clerk
of Court within fourteen (14) days of the date of service of this notice. 28 U.S.C. §
636(b)(1)(C). Failure to file objections within such time waives the right to appeal
the District Court’s order. See Thomas v. Arn, 474 U.S. 140 (1985).
Respectfully submitted,
DATE: DECEMBER 11, 2025 	/s/ Phillip J. Green
PHILLIP J. GREEN
United States Magistrate Judge
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