Keys v. SSA Commissioner

Background

Jeremy Phillip Keys, represented by Francesco Benavides, sought attorney fees and expenses under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). Keys and the Commissioner of Social Security submitted a stipulation asking the court to approve an award of $2,309.98 and no costs under 28 U.S.C. § 1920.

The parties stipulated that the United States’ position in the case was not substantially justified and that Keys was entitled to EAJA fees. They described the agreement as a compromise that did not admit the Commissioner’s liability. The agreement also provided that payment would be made to Keys, subject to any Treasury Department offset for a federal debt. If no offset applied, payment could be made directly to Benavides under Keys’s assignment. The agreement stated that payment would release EAJA-fee claims connected with the action and would not prevent Benavides from seeking fees under 42 U.S.C. § 406(b), subject to EAJA’s savings-clause requirements.

Ruling

Judge Haywood S. Gilliam Jr. approved the stipulation and ordered an award of $2,309.98 in fees and expenses under 28 U.S.C. § 2412. The court ordered no costs under 28 U.S.C. § 1920. The opinion does not state the outcome of the underlying Social Security dispute.