David Camp, NOSSCR Senior Policy Advisor

On June 30, 2026 Representatives Thomas Tiffany (Wisconsin, Republican) and Harriet Hageman (Wyoming, Republican) introduced the “FEES Act of 2026.” FEES stands for “Fixing Egregiously Expensive Suits” and this bill would significantly curtail the Equal Access to Justice Act (“EAJA”).

EAJA (28 U.S.C. § 2412) lets a prevailing party recover attorney’s fees and costs from the federal government in civil litigation where the government was a party—provided the government’s position was not “substantially justified” and no special circumstances make an award unjust.

In Social Security cases, it’s the primary fee-shifting vehicle in appeals to federal court. When a claimant wins a remand under sentence four of 42 U.S.C. § 405(g) (or otherwise prevails), counsel can petition for EAJA fees. The fee is paid by the government (technically the Treasury Judgment Fund), not out of the claimant’s past-due benefits—which distinguishes it from § 406(b) fees. That’s the practical reason it matters so much for the federal-court bar: it’s a separate, additive recovery.

The FEES Act would bar awards of EAJA fees over $200,000, or in “more than 3 adversary adjudications initiated in the same calendar year.”

NOSSCR strongly opposes this legislation, and the years-long political push to protect agencies who repeatedly lose to claimants while taking litigation positions that are not substantially justified. EAJA levels the playing field between the federal government and citizens of limited means. For many of our clients EAJA can be the sole mechanism that grants them access to the federal courts.

NOSSCR has been working on this issue ahead of this legislation. In December 2025 the House Committee on Natural Resources held a hearing on the so-called “Abuse of the Equal Access to Justice Act by Environmental NGOs.” We worked with legislative staff in advance of the hearing and submitted a letter for the record detailing the importance of EAJA in Social Security claims. Our letter was emphasized in the hearing by Representative Maxine Dexter (Oregon, Democrat) Read our letter here and watch the hearing here.

Our voice for claimants has been heard. Social Security appeals are explicitly excluded from this legislation. While that’s a good thing, the general political effort to dismantle EAJA must be monitored and opposed every time. We will continue NOSSCR’s effort to protect access to the courts.

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