Automated Summary
Key Facts
In the United States District Court for the Eastern District of California, Plaintiff Octavio Nunez stipulated to receive attorney fees of $7,400.00 and costs of $405.00 under the Equal Access to Justice Act (28 U.S.C. § 2412(d)) and 28 U.S.C. § 1920. The stipulation, signed on October 22, 2025, was approved by Magistrate Judge Allison Claire. Plaintiff's net worth did not exceed $2,000,000 at the time the civil action was filed, and the award is without prejudice to Counsel's rights to seek Social Security Act attorney fees under 42 U.S.C. § 406(b).
Issues
- The parties stipulated to an award of attorney fees under the Equal Access to Justice Act, 28 U.S.C. § 2412(d), in the amount of $7,400.00 and costs of $405.00 under 28 U.S.C. § 1920. This amount represents compensation for all legal services rendered on behalf of Plaintiff by counsel in connection with this civil action. The stipulation constitutes a compromise settlement of Plaintiff's request for EAJA attorney fees and does not constitute an admission of liability on the part of Defendant under the EAJA or otherwise.
- After the Court issues an order for EAJA fees to Plaintiff, the government will consider the matter of Plaintiff's assignment of EAJA fees to counsel UNITED DISABILITY LAWYERS GROUP. The ability to honor the assignment will depend on whether the fees are subject to any offset allowed under the United States Department of the Treasury's Offset Program. Any payments made shall be delivered to Counsel, and payments may be made by electronic funds transfer or by check.
- This award is without prejudice to the rights of Counsel to seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA. This means the EAJA award does not bar counsel from seeking additional fees under the Social Security Act.
Holdings
Court approves stipulation awarding Plaintiff $7,400 in EAJA attorney fees and $405 in costs under 28 U.S.C. § 2412(d) and § 1920, with payment to Plaintiff or Counsel depending on Treasury offset determination.
Remedies
The court awarded Plaintiff attorney fees in the amount of $7,400.00 under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and costs in the amount of $405.00 under 28 U.S.C. § 1920. This represents compensation for all legal services rendered on behalf of Plaintiff by counsel in connection with this civil action.
Legal Principles
The parties stipulated to an award of $7,400 in attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and $405 in costs under 28 U.S.C. § 1920. The stipulation addresses payment procedures, assignment of fees to counsel, and considerations regarding the Treasury Offset Program. This represents a compromise settlement of the plaintiff's request for EAJA fees.
Precedent Name
Astrue v. Ratliff
Cited Statute
- 28 U.S.C. § 1920
- Equal Access to Justice Act
- 42 U.S.C. § 406(b)
Judge Name
Allison Claire
Passage Text
- Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees to be made directly to Counsel, pursuant to the assignment executed by Plaintiff. Any payments made shall be delivered to Counsel. Payments may be made by electronic funds transfer (EFT) or by check.
- 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 in the amount of SEVEN THOUSAND, FOUR HUNDRED DOLLARS AND ZERO CENTS ($7,400.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d) and costs in the amount of $405.00 under 28 U.S.C. § 1920.
- This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA attorney fees, and does not constitute an admission of liability on the part of Defendant under the EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, and bar to, any and all claims that Plaintiff and/or Counsel may have relating to EAJA attorney fees in connection with this action.