“[A]ttorney’s fees are awarded to the prevailing party, not to the prevailing party’s attorney.”
How later courts described this case
- “[A]ttorney’s fees are awarded to the prevailing party, not to the prevailing party’s attorney.”
Written by the judges who cited it.
The opinion
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
EASTERN DIVISION
LILLIE ANN BROWN, )
)
Plaintiff, )
)
v. ) CIVIL ACT. NO. 3:21-cv-69-ECM
) (WO)
KILOLO KIJAKAZI,1 )
Acting Commissioner of Social Security, )
)
Defendant. )
O R D E R
On January 26, 2022, the Plaintiff filed an application for an award of attorney fees
pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412. (Doc. 27). The
Defendant does not oppose an award of fees in the amount of $3,527.68 representing 14.45
hours of attorney time, and an award of costs in the amount of $402.00 See Doc. 28.
Pursuant to EAJA, attorney’s fees are awarded and payable to the prevailing litigant, not
to the prevailing litigant’s attorney. Astrue v. Ratliff, 560 U.S. 586 (2010). See also Reeves
v. Astrue, 526 F.3d 732, 738 (11th Cir. 2008) (“[A]ttorney’s fees are awarded to the
prevailing party, not to the prevailing party’s attorney.”).
1 On July 9, 2021, Kilolo Kijakazi became the acting Commissioner of Social Security, and thus, is
automatically substituted as a party pursuant to FED. R. CIV. P. 25(d). See also, section 205(g) of the Social
Security Act, 42 U.S.C. § 405(g) (action survives regardless of any change in the person occupying the
office of the Commissioner of Social Security.)
Accordingly, upon consideration of the application (doc. 27), and for good cause, it
is
ORDERED that the application for attorney’s fees (doc. 27) is GRANTED and the
Plaintiff is AWARDED fees in the amount of $3,527.68 and costs in the amount of
$402.00.
DONE this 7th day of February, 2022.
/s/ Emily C. Marks
EMILY C. MARKS
CHIEF UNITED STATES DISTRICT JUDGE
2