I-4-1-43.Equal Access to Justice Act

Last Update: 9/13/05 (Transmittal I-4-15)

The Equal Access to Justice Act (EAJA) provides that, under certain circumstances, SSA may be liable for fees and other related expenses to attorneys who prevail in court when the court finds that the Commissioner's position in the administrative proceeding was not substantially justified.

When the CCPRB receives notice of an EAJA action, the staff will secure the files and the hearing transcript and give them directly to a CRA with a note indicating “EAJA Case.” The CRA assembles the CAR under the usual procedures.