Jonathon Z. v. Bisignano
- Jeffrey Bryan
- 0:25-cv-00411
- U.S. District Court · District of Minnesota
- 3
In Jonathon Z. v. Frank Bisignano, Commissioner of Social Security, Judge Jeffrey M. Bryan granted Plaintiff's unopposed motion for attorney fees under the Equal Access to Justice Act, awarding $10,366.00 payable to Plaintiff's law firm after the court had previously sent the Social Security disability case back to the agency for further review.
Social Security disability claimants who have successfully obtained a court-ordered remand of their cases and are seeking reimbursement of attorney fees from the government under the Equal Access to Justice Act, as well as their attorneys seeking direct payment of awarded fees.
What happened
In Jonathon Z. v. Frank Bisignano, Commissioner of Social Security (Case No. 25-CV-00411), Plaintiff Jonathon Z. challenged the government's denial of his Social Security disability benefits. The court had earlier sent the case back to the Social Security Administration for further review — a step known as a 'sentence-four remand' — which legally qualified Jonathon Z. as a 'prevailing party,' meaning he won enough of the case to be eligible for fee reimbursement under a federal law called the Equal Access to Justice Act (EAJA). That law allows people who win against the government in certain civil cases to recover their attorney fees when the government's legal position was not substantially justified.
Jonathon Z.'s attorney, Bryan Konoski of Konoski & Partners, P.C., asked the court to award fees at $260.00 per hour for 37.1 hours of attorney time in 2025, and $120.00 per hour for 6.0 hours of paralegal time in 2025 — totaling $10,366.00. The higher-than-statutory hourly rate (the base EAJA rate is $125 per hour) was supported by a cost-of-living adjustment based on rates in the New York and New Jersey region where counsel is located. The government did not oppose the motion or the requested amounts, and the deadline to do so passed without any objection.
Judge Jeffrey M. Bryan granted the motion in full, awarding $10,366.00 in attorney fees under the EAJA. The fees are to be paid directly to Konoski & Partners, P.C., based on an assignment signed by Plaintiff, but the award is subject to being reduced by any money Jonathon Z. may owe to the federal government through prior debts, consistent with a U.S. Supreme Court ruling that EAJA fees can be used to offset a plaintiff's existing federal debts before being paid to counsel.
The detailed version
Case: Jonathon Z. v. Frank Bisignano, Commissioner of Social Security, Case No. 25-CV-00411 (JMB/SGE), United States District Court, District of Minnesota. Presiding Judge: Judge Jeffrey M. Bryan.
Background
Plaintiff Jonathon Z. filed suit challenging the Social Security Administration's denial of his disability benefits. The court previously remanded (sent back) the case to the agency under sentence four of 42 U.S.C. § 405(g), which is a type of remand that terminates federal court jurisdiction and constitutes a final judgment. Under Shalala v. Schaefer, 509 U.S. 292 (1993), a plaintiff who obtains a sentence-four remand is considered a 'prevailing party' for purposes of fee-shifting statutes.
The Fee Motion
Plaintiff moved for attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). The EAJA requires the government to pay attorney fees to a prevailing party in civil litigation against the United States unless the government's position was 'substantially justified' or special circumstances make an award unjust. The statutory base rate under EAJA is $125 per hour, but courts may award higher rates if the cost of living or other special factors justify it. 28 U.S.C. § 2412(d)(2)(A).
Requested Fees
Plaintiff's counsel, Bryan Konoski of Konoski & Partners, P.C. (East Brunswick, NJ), sought: - $260.00/hour × 37.1 hours (lead attorney time in 2025) = $9,646.00 - $120.00/hour × 6.0 hours (paralegal time in 2025) = $720.00 - Total: $10,366.00 Counsel cited the cost-of-living index for the New York/New Jersey region as justification for the above-statutory hourly rate.
Government's Response
The government did not oppose the motion, the requested rates, or the request to direct payment to counsel. The deadline to oppose passed without objection.
Legal Findings
The court found: (1) Plaintiff was a prevailing party by virtue of the sentence-four remand; (2) the government's position was not substantially justified (the government did not contest this); (3) the requested hours and rates were reasonable; and (4) the above-statutory hourly rate was supported by the cost-of-living adjustment.
Assignment and Offset
Plaintiff signed a waiver and assignment directing fees to be paid to Konoski & Partners, P.C. directly. Consistent with Astrue v. Ratliff, 560 U.S. 586 (2010), which held that EAJA fees are payable to the litigant (not counsel) and are therefore subject to offset for any pre-existing federal debts owed by the plaintiff, the award is subject to administrative offset before any remainder is paid to counsel.
Ruling
Judge Jeffrey M. Bryan granted the motion in full (Doc. No. 20) and awarded $10,366.00 in EAJA attorney fees, payable directly to Konoski & Partners, P.C., subject to any applicable administrative offset for outstanding federal debt owed by Plaintiff.
Reviewer note from the AI+
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.