New 6th Circuit case on EAJA fees

http://j.st/WG6

The district court gave a sentence-four remand bit refused EAJA fees citing that due to the contingent fee retainer used in SSA cases,  the plaintiff has not incurred any fees thus EAJA was not available and the assignment was barred by Anti-assignment act.

6th Circuit reversed stating that plaintiff is a prevailing party on a sentence-four remand and they have incurred fees when they are obligated to turn over such fees to their  attorney.   This is consistent with the purpose of the EAJA and remains regardless of whether or not the assignment is voidable under the AAA.

EDIT*** and this is why I should not blog, at 8:00 am in the morning, from my phone.

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