A Social Security claimant wins nearly $9,500 in attorney fees from the government.
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A Social Security claimant wins nearly $9,500 in attorney fees from the government.
Why it matters
In Tomlinson v. Commissioner of Social Security Administration, the U.S. District Court for the District of Oregon ordered the federal government to pay $9,459.64 in attorney fees and $405 in court filing costs to plaintiff Andrew L. Tomlinson. The fee award was made under the Equal Access to Justice Act, which allows prevailing parties in certain cases against the government to recover attorney fees.
Who it affects
- His attorney
- The Social Security Administration
- Which must pay the fees. More broadly
What happens next
Current
Decision issued Aug 26, 2026
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Possible rehearing
Parties can ask the same court to reconsider. Then: possible appeal to the circuit court.
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- Decision issued Aug 26, 2026
- Possible rehearingParties can ask the same court to reconsider.
- Possible appeal to the circuit court
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Aug 26, 2026
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DEEPER READ
This case involved a lawsuit by Andrew L. Tomlinson against the Commissioner of the Social Security Administration in federal court in Oregon. The court issued an order awarding attorney fees and costs to the plaintiff after the case concluded. Under the Equal Access to Justice Act (28 U.S.C. Section 2412), prevailing parties who sue the federal government can be awarded attorney fees if the government's position was not substantially justified. The court awarded $9,459.64 in attorney fees and $405 for the court filing fee, with the costs paid separately from the Judgment Fund under 28 U.S.C. Section 1920. The order includes an important condition drawn from the Supreme Court's decision in Astrue v. Ratliff: the fees must first be checked against the Treasury Offset Program to determine whether the plaintiff owes any federal debts. If no qualifying debt exists, the attorney fee check is paid directly to the plaintiff's attorney. If the plaintiff does have such a debt, any remaining funds after the debt is offset go to the plaintiff rather than the attorney. The order was signed by United States Magistrate Judge Amy E. Potter on August 26, 2026. The source text does not include details about the underlying merits of the Social Security dispute or any dissenting views, as this is a fee award order rather than a decision on the merits.
CITATION AND RECORD
Record source: CourtListener
UNITED STATES DISTRICT COURT DISTRICT OF OREGON ANDREW L. TOMLINSON Case No. 6:25-cv-01663-AP Plaintiff, vs. ORDER AWARDING ATTORNEY FEES PER 28 U.S.C. § 2412(d) & COSTS PER 28 COMMISSIONER SOCIAL SECURITY U.S.C. § 1920 ADMINISTRATION, Defendant It is hereby ORDERED that, pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412, an attorney fee in the amount of $9,459.64 is awarded to Plaintiff and costs of $405 for the filing fee, to be paid separately from the Judgment Fund, pursuant to 28 U.S.C. § 1920. It is ordered that the attorney fee will be paid to Plaintiff’s attorney, dependent upon verification that Plaintiff has no debt which qualifies for offset against the awarded fees, pursuant to the Treasury Offset Program as discussed in Astrue v. Ratliff, 130 S.Ct. 2521 (2010). If Plaintiff has no such debt, then the check shall be made payable to Plaintiff’s attorney and mailed to Plaintiff’s attorney’s mailing address at: 2625 Alcatraz Ave, # 208, Berkeley, CA 94705. If Plaintiff has such debt, then the check for any remaining funds after offset of the debt shall be made payable to Plaintiff and mailed to Plaintiff's attorney’s mailing address stated above. IT IS SO ORDERED: ___A_u_g_u_s_t_ 2_6_,_ 2_0_2_6_________ __/s_/A__m_y_ _E_._ P_o_t_te_r_________________ UNITED STATES MAGISTRATE JUDGE Proposed Order submitted: August 26, 2026
Sources
- Official opinionPrimary record
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