Colorado v. Saul

Background

The parties submitted a stipulation asking the court to approve an award of attorney fees under the Equal Access to Justice Act, 28 U.S.C. § 2412(d). The stipulation stated that George Santos Colorado was the prevailing party and that the requested amount covered all legal services provided by Katherine R. Siegfried in connection with this civil action.

Agreement and payment terms

The agreed fee amount was $8,000. Under the agreement, the fees belong to the plaintiff and may be reduced through the Treasury Offset Program if the plaintiff owes an eligible debt. After the court’s fee order, the Commissioner would consider whether the plaintiff assigned the fees to counsel, whether the plaintiff had an offset-eligible debt, and whether the government would waive the Anti-Assignment Act’s requirements. Depending on those determinations, payment could be made to the attorney or to the plaintiff and delivered to the attorney.

The stipulation described the payment as a compromise settlement of the fee request and said it was not an admission of liability by the defendant. Payment would release claims concerning Equal Access to Justice Act fees and expenses in this action. The stipulation preserved the Law Office of Katherine Siegfried’s ability to seek attorney fees under 42 U.S.C. § 406, subject to the applicable limits protecting against double recovery.

Ruling

Judge Robert M. Illman approved the stipulation and ordered Equal Access to Justice Act attorney fees of $8,000, subject to offset under the Treasury Offset Program and payable as outlined in the parties’ stipulation. The order addressed the fee request; the opinion text does not decide the underlying Social Security dispute.