Plaintiff c/o Vermont Legal Aid - per settlement agreement
19,000.00
Court
Null
Please refer to our EAJA recommendation memo, attached below, for more detailed analysis. However, we advised CMS it was in its interest to resolve the issue of fees in conjunction with resolving this case’s substantive issues in order to mitigate the risk of an increased monetary cost to CMS. Additional dollars and/or time would be at stake if further briefing in the case is required, either on the merits or on the issue of fees. If settlement negotiations were to break down, a government loss on the merits was likely based on D. Vt. case law, which would confer prevailing party status on Plaintiff. Notably, an EAJA award was previously issued by the District Judge assigned to this case in a similar Medicare coverage case.
Parties settled EAJA fees per settlement agreement.