Brooks v. Kijakazi

Background

The parties submitted a stipulation asking the court to award $7,800 in attorney fees under the Equal Access to Justice Act (EAJA). The stipulation stated that the amount covered all legal services provided for the plaintiff in this civil action. The plaintiff’s attorney signed the stipulation as the plaintiff’s assignee, and counsel for the defendant also signed it.

Agreement and Payment Terms

The stipulation did not admit liability by the defendant under the EAJA. It stated that payment of $7,800 would fully release and bar the plaintiff’s claims for EAJA fees, expenses, and costs connected with the action. The award was also stated to be without prejudice to the attorney’s ability to seek fees under 42 U.S.C. § 406(b), subject to the EAJA’s savings-clause requirements.

The stipulation provided that payment would be made to the plaintiff. The Commissioner would determine whether the fees were subject to an offset through the Treasury Department’s Offset Program. If the Treasury Department determined that the plaintiff did not owe a federal debt, the payment would be made directly to the plaintiff’s attorney under the assignment signed by Mr. Brooks.

Ruling

Judge Robert M. Illman ordered that the plaintiff be awarded $7,800 in attorney fees under the EAJA, as authorized by 28 U.S.C. §§ 1920 and 2412(d), subject to the terms of the parties’ stipulation.