When a creditor served a writ of execution to levy funds in the debtor’s bank account, the debtor submitted a claim of exemption to the writ, asserting the funds in the account were Social Security payments exempt from levy under 42 U.S.C. § 407. The creditor opposed the claim of exemption, citing Code of Civil […]
Government Ordered To Pay Attorney Fees In Social Security Case.
The administrative law judge disregarded competent lay witness evidence on plaintiff’s social security claim. The Ninth Circuit held that under the Equal Access to Justice Act [EAJA; 28 U.S.C. § 1291], the district court abused its discretion when it denied plaintiff his attorney fees, stating: “To avoid an award of EAJA fees. . ., the […]
U.S. Not “Substantially Justified” In Denying Social Security Claim, So Plaintiff Awarded Fees And Costs.
In an action for Social Security disability benefits, the government prevailed at the administrative and trial court levels, but the claimant prevailed before the Ninth Circuit. The claimant then requested attorney fees and costs from the district court, but the court denied them after finding the government’s position was substantially justified in that it prevailed in […]
No Domestic Partnership Prior To Death, No Survivor Benefits.
On a Saturday morning, two people completed a notarized declaration of domestic partnership. That afternoon, one of them died. The following Monday, the survivor filed the declaration with the Office of Secretary of State. Thereafter, the survivor applied for the decedent’s state pension survivor benefits. The administrative board of the state pension system ruled the […]
Abuse Of Discretion To Reduce Number Of Attorney Hours When Considering Award Of Attorney Fees.
In a social security case, the lawyer requested compensation under the Equal Access to Justice Act [EAJA; 28 U.S.C. §2412(d)]. The magistrate determined the 60.5 hours the claimant’s attorney spent working on the case were excessive. He reduced the number of hours to 41.1. The Ninth Circuit reversed and stated: “We hold that it is […]