Brown v. Kijakazi

Background

This document concerns a request for attorney fees under the Equal Access to Justice Act, 28 U.S.C. § 2412(d), in Robert Brown’s Social Security case. Brown and the government jointly stipulated to an award of $10,073 for all legal services provided by Katherine R. Siegfried in connection with the action. The stipulation states that Brown was the prevailing party and that Brown’s net worth was less than $2 million.

The document’s caption identifies Leland Deduk as the Acting Commissioner of Social Security and includes a footnote stating that he should be substituted as the defendant. The supplied case name is Brown v. Kijakazi.

Payment and Conditions

Under the parties’ stipulation, the fee award belongs to Brown rather than directly to Brown’s attorney and is subject to the Treasury Offset Program. After the court’s fee order, the Commissioner may make the payment payable to Brown’s attorney if Brown assigned the right to the fees, Brown owes no qualifying debt, and the Commissioner waives the Anti-Assignment Act’s requirements. If a qualifying debt exists, the remaining amount after offset is to be paid to Brown but delivered to Brown’s attorney.

The stipulation describes the agreement as a compromise settlement. It does not admit liability by the defendant and provides a complete release of claims concerning Equal Access to Justice Act fees and expenses in this action. It states that the award does not prevent the Law Office of Katherine Siegfried from seeking fees under 42 U.S.C. § 406, subject to the applicable Equal Access to Justice Act savings provisions.

Ruling

Judge Robert M. Illman approved the parties’ stipulation and ordered an Equal Access to Justice Act attorney-fee award of $10,073. The order made the award subject to Treasury offset and directed that it be paid in the manner described in the stipulation.