Nicholas J. v. Bisignano
- Dulce Foster
- 0:25-cv-02007
- U.S. District Court · District of Minnesota
- 2
In Nicholas J. v. Frank Bisignano, Commissioner of Social Security, Magistrate Judge Foster granted the plaintiff's unopposed motion and ordered the federal government to pay $8,000 in attorney's fees and $405 in costs under the Equal Access to Justice Act.
Social Security claimants who have successfully litigated against the Social Security Administration and whose attorneys have sought fee awards under the Equal Access to Justice Act.
What happened
In Nicholas J. v. Frank Bisignano, Commissioner of Social Security (Case No. 25-cv-2007), a Social Security plaintiff asked the court to award attorney's fees and costs after his case against the Social Security Commissioner concluded. Under the Equal Access to Justice Act (EAJA), a federal law that allows certain prevailing parties to recover legal fees from the government, the plaintiff sought $8,000 in attorney's fees and $405 in costs. The government did not oppose the request.
The court explained that while the fees are awarded to the plaintiff, they may first be used to offset (reduce) any debt the plaintiff owes to the federal government under a program called the Treasury Offset Program. If no such debt exists and the government agrees to waive a federal law called the Anti-Assignment Act, the fees will be paid directly to the plaintiff's law firm, Konoski & Partners, P.C. If a debt does exist and cannot be waived, any remaining fees after the offset will be paid by check to the plaintiff personally.
Magistrate Judge Foster granted the motion in full, ordering the government to pay the $8,000 in attorney's fees and $405 in costs. All payment checks, regardless of who they are made out to, are to be delivered to the plaintiff's attorney at Konoski & Partners, P.C. in East Brunswick, New Jersey.
The detailed version
Case: Nicholas J. v. Frank Bisignano, Commissioner of Social Security, Case No. 25-cv-2007 (NEB/DJF) Court: United States District Court, District of Minnesota Judge: United States Magistrate Judge Dulce J. Foster Date: November 14, 2025
Background and Motion The plaintiff, identified only as 'Nicholas J.' pursuant to the District's policy of using only the first name and last initial of nongovernmental parties in Social Security matters, filed an unopposed motion for attorney's fees and costs pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d)(1)(A). The EAJA is a federal statute that permits a prevailing party in litigation against the United States government to recover attorney's fees and costs, provided the government's position was not substantially justified. The plaintiff sought $8,000 in attorney's fees and $405 in costs. The defendant, Commissioner of Social Security Frank Bisignano, did not oppose the motion.
Ruling Magistrate Judge Foster granted the motion in full based on the parties' agreement and the plaintiff's supporting documents. The court ordered the government to pay $8,000 in attorney's fees and $405 in costs.
Treasury Offset and Anti-Assignment Act Consistent with the Supreme Court's holding in Astrue v. Ratliff, 560 U.S. 586 (2010), the court noted that EAJA fees are payable to the plaintiff (not automatically to the attorney) and may be subject to offset to satisfy any preexisting debt the plaintiff owes to the United States under the Treasury Offset Program. The court set out a two-track payment structure: 1. If the Commissioner determines no debt subject to offset exists and agrees to waive the Anti-Assignment Act (a federal law that generally prohibits the assignment of federal government payments to third parties), the fees will be paid to the plaintiff's law firm, Konoski & Partners, P.C. 2. If a qualifying debt exists and the Anti-Assignment Act cannot be waived, any remaining fees after the offset will be paid by check made out to the plaintiff directly.
In either case, checks are to be delivered to Konoski & Partners, P.C., 180 Tices Lane, Suite 204, Building A, East Brunswick, NJ 08816.
Disposition Motion GRANTED. Government ordered to pay $8,000 in attorney's fees and $405 in costs.
Reviewer note from the AI+
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