Case Name in Social Security Case - Unavailable

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JOSEPH POLAND,
Plaintiff,
v.
FRANK BISIGNANO, Commissioner of the
Social Security Administration,
Defendant.
4:25CV3062
ORDER
This matter is before the Court on a Joint Stipulation for Fees (Filing No. 27) under
the Equal Access to Justice Act (“EAJA”). 	See 28 U.S.C. § 2412(d). As pertinent here,
the EAJA permits certain prevailing parties to recover reasonable attorney fees and
expenses incurred in a civil action “brought by or against the United States,” unless the
government’s position was “substantially justified or . . . special circumstances make an
award unjust.” Id. § 2412(d)(1)(A); see also SEC v. Zahareas, 374 F.3d 625, 630 (8th Cir.
2004).
Here, 	plaintiff 	Joseph 	Poland 	(“Poland”) 	and 	defendant 	Frank 	Bisignano,
Commissioner of the Social Security Administration (together, the “parties”), state they
“have agreed to a compromise settlement of [Poland’s] request for attorney fees in the
amount of” $9,000. They further state that “amount represents compensation for all legal
services rendered on” Poland’s behalf in this case.
The parties remind the Court that under Astrue v. Ratliff, 560 U.S. 586, 589-90
(2010), any EAJA fees awarded by the Court “belong to [Poland] and are subject to offset
under the Treasury Offset Program.” 	See 31 U.S.C. § 3716(c)(3)(B). 	They ask that any
payment by check be sent to Poland’s counsel.
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2
Having carefully reviewed Poland’s request for an award of EAJA fees (Filing
No. 26), the nature of his representation, and the parties’ joint stipulation, the Court finds
the joint stipulation should be approved. The compromise fee award satisfies the EAJA’s
statutory requirements, see 28 U.S.C. § 2412(d)(1)(A), and is reasonable under the
circumstances of this case, see Gisbrecht v. Barnhart, 535 U.S. 789, 808-09 (2002).
Accordingly,
IT IS ORDERED:
1. 	The parties’ joint stipulation for attorney fees under the Equal Access to
Justice Act (Filing No. 27) is approved.
2. 	Plaintiff Joseph Poland is awarded EAJA fees in the amount of $9,000,
subject to any administrative offset required to satisfy any pre-existing debt
he may owe to the United States.
3. 	Poland’s Motion for Award of Attorney Fees (Filing No. 26) is denied as
moot.
4. 	The Social Security Administration shall make the fee award payable to
Poland and deliver payment to Konoski & Partners, P.C. at its address of
record.
5. 	A separate judgment will issue.
Dated this 5th day of January 2026.
BY THE COURT:
Robert F. Rossiter, Jr.
Chief United States District Judge
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