Kingsford v. Kijakazi

Background

This opinion concerns attorney’s fees after federal-court review of Mark Kingsford’s Social Security claim. It does not explain the underlying claim, the parties’ arguments about benefits, or any earlier ruling on the merits.

Parties’ Agreement

Kingsford’s counsel and the government filed a stipulation asking the court to approve an award under the Equal Access to Justice Act (EAJA), a federal law that can allow eligible prevailing parties to recover reasonable attorney’s fees and expenses from the government. The agreed amount was $4,867.93, described as compensation for all legal services provided in this civil action.

The stipulation stated that the payment would fully resolve Kingsford’s claims for EAJA fees, expenses, and costs in this action. It also stated that payment would be made to Kingsford, but that the Commissioner would determine whether the amount was subject to an offset for federal debt. If no offset applied, the government would cause payment to be made directly to Kingsford’s counsel under his assignment of the fees. The stipulation preserved counsel’s ability to seek separate attorney’s fees under 42 U.S.C. § 406(b), subject to the EAJA’s requirements.

Ruling

Magistrate Judge Lisa J. Cisneros ordered that Kingsford be awarded $4,867.93 in attorney’s fees under the EAJA, as authorized by 28 U.S.C. §§ 1920 and 2412(d), subject to the terms of the parties’ stipulation. The order ruled on the fee request only and did not decide the underlying Social Security benefits dispute.