Automated Summary
Key Facts
Plaintiff Abel Luna Valdez obtained a stipulated award of $8,700.00 in attorney fees and expenses under the Equal Access to Justice Act (EAJA) against the Defendant Commissioner of Social Security. The United States position was found not substantially justified, entitling the Plaintiff to fees pursuant to 28 U.S.C. § 2412(d). The award was made payable to the Plaintiff or directly to counsel Francesco Benavides depending on Treasury offset determinations, and constitutes a complete release of EAJA fee claims.
Issues
- Whether attorney fees and expenses should be awarded to the plaintiff under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), given that the United States position was not substantially justified in the case.
- Whether the government may honor the plaintiff's assignment of EAJA fees to counsel, subject to the United States Department of the Treasury's Offset Program determination.
- The parties stipulated to attorney fees and expenses in the amount of $8,700.00 for all legal services rendered on behalf of the Plaintiff, with no costs under 28 U.S.C. § 1920.
Remedies
Plaintiff Abel Luna Valdez was awarded attorney fees and expenses in the amount of $8,700.00 pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). No costs under 28 U.S.C. § 1920 were awarded. Payment may be made by electronic funds transfer or check. This award is without prejudice to the rights to seek Social Security Act attorney fees under 42 U.S.C. § 406(b).
Monetary Damages
8700.00
Legal Principles
The court ordered attorney fees and expenses in the amount of $8,700.00 under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), because the United States' position was not substantially justified in this case. The stipulation constitutes a compromise settlement of the Plaintiff's request for EAJA attorney fees and does not admit liability. The award may be paid to Plaintiff or counsel depending on whether the Treasury Offset Program applies. This is without prejudice to seeking Social Security Act attorney fees under 42 U.S.C. § 406(b).
Precedent Name
Astrue v. Ratliff
Cited Statute
- Social Security Act attorney fees (42 U.S.C. § 406(b))
- Equal Access to Justice Act (EAJA)
- 28 U.S.C. § 1920
Judge Name
Judge Daniel J. Calabretta
Passage Text
- The parties stipulate that the position of the United States was not substantially justified in this case, and therefore, Plaintiff is entitled to attorney fees pursuant to EAJA.
- IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees and expenses in the amount of $8,700.00, under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and no costs under 28 U.S.C. § 1920.
- Based upon the parties' Stipulation for the Award and Payment of Equal Access to Justice Act Fees and Expenses, IT IS ORDERED that fees and expenses in the amount of $8,700.00 as authorized by 28 U.S.C. § 2412, and no costs under 28 U.S.C. § 1920, be awarded subject to the terms of the Stipulation.