From my case assistant at Goldstein on attorney/legal fees:
"Yes; technically, you can win attorney fees.
Under the Equal Access to Justice or EAJA, you can sue to recover attorney fees. And, in every lawsuit, it is mentioned in Paragraph 3 in your draft we ask the judge to award fees. But in practice, recovering attorney fees is extraordinarily unusual. Out of so many lawsuits, in only one single case did we ever actually get an award of attorney fees. So we can say with near certainty that the court will not grant attorney fees.
Finally, to be clear, any such recovery of attorney fees would be exclusively retained by our firm as compensation for our work in the case. But this outcome so rarely comes into play since attorney fees have only been awarded in one of our cases, so our goal is not even to come close to Judge but we want to trigger the Defendants action to work on your case and to give final adjudication way before the Judge makes the decision."