Sullivan v. Hudson
Headline: Court allows Social Security claimants to recover attorney fees for lawyer work done during administrative remand proceedings when those proceedings remain part of the court case.
Holding: The Court held that a Social Security claimant may receive EAJA attorney fees for representation during administrative remand proceedings when those proceedings are integral to the ongoing court action and the court retains jurisdiction.
- Lets claimants recover fees for lawyer work done during remand agency proceedings.
- Encourages lawyers to continue representing clients after appellate remands.
- Makes agencies more accountable to follow court remand instructions.
Summary
Background
A woman seeking Social Security disability and supplemental income benefits was denied by the agency, lost in the initial court decision, and then won on appeal when the Court of Appeals told the agency to reconsider how it evaluated her combined physical and mental impairments. The agency held new proceedings (on remand) and then found her disabled and awarded benefits. The district court dismissed the case but kept limited jurisdiction to consider a request for attorney fees under the Equal Access to Justice Act (EAJA).
Reasoning
The key question was whether a prevailing claimant can get EAJA fees for legal work done at the agency after a court remands the case back to the agency. The majority explained that when a court’s remand and the later agency work are closely tied to the court action and the court keeps jurisdiction, the agency proceedings are part of the same civil action for fee purposes. The Court relied on the EAJA’s goal of removing cost barriers, and compared earlier decisions that allowed fees for related administrative work. The Court therefore held that courts may award EAJA fees for representation on remand when the claimant ultimately prevails and the government’s position was not substantially justified.
Real world impact
This ruling makes it more likely that lawyers will continue representing Social Security claimants after a court remand, because legal fees for the agency work can be recovered if the claimant prevails. Fees remain subject to EAJA limits: the claimant must be a prevailing party and the government’s position must not have been substantially justified.
Dissents or concurrances
The dissent argued the statute’s language and history bar fee recovery for nonadversarial agency remand proceedings and warned the majority had effectively rewritten Congress’s choice.
Opinions in this case:
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