Case Name in Social Security Case - Unavailable

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NORTH DAKOTA
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Toby B,
Plaintiff,
vs.
Social Security Administration, 	)
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ORDER GRANTING MOTION
FOR ATTORNEY’S FEES
Case No. 1:24-cv-00058
Defendant. 	)
Plaintiff initiated this action in April 2024, seeking judicial review of the Commissioner’s
final decision denying his application for Supplemental Security Income under Title XVI of the
Social Security Act. (Doc. Nos. 1 and 4). On September 4, 2024, Defendant filed an Unopposed
Motion to Remand pursuant to 42 U.S.C. § 405(g). (Doc. No. 14). On September 5, 2024, the Court
issued an order granting Defendant’s motion and remanding this matter to allow the Commissioner
to conduct further proceedings pursuant to sentence four of 42 U.S.C. § 405(g). (Doc. No. 15).
On February 26, 2026, Plaintiff filed a Motion for Award of Attorneys’ Fees Pursuant to
the Equal Access to Justice Act (“EAJA”). (Doc. No. 21). He requests an award of $27,423.23,
reduced by $7,500.00, which accounts for a full refund of the previously awarded EAJA fees, for
a total of $19,923.23 in attorney’s fees. To date, Defendant has not filed a response to Plaintiff’s
motion.
The EAJA provides that a prevailing party is entitled to an award of fees and expenses in an
action brought by or against the United States “unless the court finds that the position of the United
States was substantially justified or that special circumstances make an award unjust.” 28 U.S.C. §
2412(d)(1)(A). The Court finds that the Plaintiff is eligible to receive an award of attorney’s fees
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as requested. Accordingly, the Court GRANTS the Plaintiff’s Motion for Attorney’s Fees. (Doc.
No. 21). 	The Clerk of Court shall enter judgment for the Plaintiff and against the Defendant for
attorney’s fees in the amount of $27,423.23, reduced by $7,500.00, for a net total of $19,923.23.
These fees and costs shall be payable directly to the Plaintiff. They may be subject to offset to
satisfy any pre-existing debt the Plaintiff may owe the United States.
IT IS SO ORDERED.
Dated this 13th day of March, 2026.
/s/ Clare R. HochhaOter
Clare R. Hochhalter, Magistrate Judge
United States District Court
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