The following information is provided to aid in responding to inquiries:
In litigated Social Security claims the claimant must be the prevailing party and
must meet all financial conditions of eligibility (e.g., net worth of not more than
$2 million) in order to apply for reimbursement of attorney fees and other expenses
under the EAJA.
A petition (i.e., application) for reimbursement of expenses under the EAJA must be
submitted within 30 days of the final judgment, must include an itemized statement
of expenses, and must indicate that the SSA was not substantially justified in its
The court will set the amount of reimbursement for expenses incurred by the claimant
before the court and will order SSA to pay such amount, unless the court finds that
SSA's position was substantially justified or that special circumstances would make
an award unjust.
Where a court has ordered an award under the EAJA to a claimant, SSA will make payment
directly to the claimant (not to the attorney).
If an attorney receives fees for the same work under both the Social Security Act
and the EAJA, he/she must return the smaller of the two fees to the claimant.
Any inquiry which deals specifically with a payment made or ordered to be made under
the provisions of the EAJA (e.g., delay or nonreceipt of a payment), should be referred
to Office of Finance, Division of Administrative Payments, at this website http://www.socialsecurity.gov/vendor/contact.htm .