Johnny M. v. Bisignano
- Dulce Foster
- 0:25-cv-02568
- U.S. District Court · District of Minnesota
- 2
In Johnny M. v. Frank Bisignano, Commissioner of Social Security, Magistrate Judge Foster granted the plaintiff's unopposed request for $5,952.00 in attorney's fees under the Equal Access to Justice Act after the Social Security case was sent back to the agency for further review.
Social Security claimants who have successfully obtained a remand of their case and are seeking attorney's fees from the government under the Equal Access to Justice Act; attorneys representing such claimants regarding how fees are paid and potentially offset against federal debts.
What happened
In Johnny M. v. Frank Bisignano, Commissioner of Social Security (Case No. 25-cv-02568), a Social Security claimant sued the Commissioner after an adverse agency decision. The parties agreed to send the case back to the Social Security Administration for further administrative proceedings, and the plaintiff then asked the court to award attorney's fees under the Equal Access to Justice Act (EAJA), a federal law that allows prevailing parties to recover fees from the government in certain civil cases. The defendant did not oppose the fee request.
The court reviewed the plaintiff's submissions supporting the fee amount of $5,952.00 and found the request reasonable. The award is subject to a potential offset if the plaintiff owes any preexisting debt to the federal government under the Treasury Offset Program, consistent with a U.S. Supreme Court ruling in Astrue v. Ratliff (2010). If no such debt exists and the government waives a requirement known as the Anti-Assignment Act, the fees will be paid directly to the plaintiff's law firm, Greeman Toomey PLLC. Otherwise, any remaining fees after offset will be paid by check to the plaintiff.
Magistrate Judge Foster granted the fee motion in full on March 17, 2026, ordering the government to pay $5,952.00 in attorney's fees, with all payment checks to be delivered to Greeman Toomey PLLC in Minneapolis, Minnesota, regardless of who the check is made out to.
The detailed version
Case: Johnny M. v. Frank Bisignano, Commissioner of Social Security, No. 25-cv-02568 (MJD/DJF) Court: U.S. District Court, District of Minnesota Judge: Magistrate Judge Dulce J. Foster Date: March 17, 2026
Background and Procedural Posture Plaintiff Johnny M. (last name withheld per District of Minnesota policy) brought this action against the Commissioner of Social Security challenging an agency decision. The parties stipulated to a remand — meaning they agreed to send the case back to the Social Security Administration for further administrative proceedings — and the court entered that order (ECF No. 20). Following remand, the plaintiff filed an unopposed Motion for Attorneys' Fees (ECF No. 26) seeking $5,952.00.
Legal Basis The fee request is brought under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d)(1)(A), which permits a court to award attorney's fees and costs to a prevailing party in a civil action against the United States government, provided the government's position was not substantially justified and no special circumstances make an award unjust. The defendant (Commissioner) filed a notice of non-opposition (ECF No. 31).
Ruling The court found the fee request of $5,952.00 to be reasonable based on the plaintiff's submissions (ECF Nos. 26–30) and the parties' agreement. The motion was granted in full.
Payment and Offset Provisions Consistent with the Supreme Court's decision in Astrue v. Ratliff, 560 U.S. 586 (2010), EAJA fees awarded to a prevailing Social Security claimant are payable to the plaintiff — not automatically to counsel — and are subject to offset against any preexisting federal debt owed by the plaintiff under the Treasury Offset Program. The court set forth a conditional payment structure: - If the Commissioner determines no debt subject to offset exists and waives the Anti-Assignment Act (a federal statute generally prohibiting assignment of government payment obligations to third parties), fees will be paid directly to the plaintiff's attorney's law firm, Greeman Toomey PLLC. - If a debt subject to offset exists, remaining fees after offset will be paid by check to the plaintiff. In either scenario, checks are to be delivered to Greeman Toomey PLLC, 250 Second Ave. S., Suite 120, Minneapolis, MN 55401. The plaintiff's attorney is identified as James H. Greeman.
Reviewer note from the AI+
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