ECHO REGINA GONZALES v. BISIGNANO

Background

Echo Regina Gonzales and Frank Bisignano, Commissioner of Social Security, submitted a stipulation concerning attorney fees and expenses in this civil action. The stipulation requested an award of $7,750.00 under the Equal Access to Justice Act, 28 U.S.C. § 2412(d), and $405.00 in costs under 28 U.S.C. § 1920.

The parties stipulated that the position of the United States was not substantially justified. The stipulation stated that the agreed payment would resolve all claims for Equal Access to Justice Act fees connected with this action, but would not constitute an admission of liability by the defendant. It also stated that the award would not affect Francesco Benavides’s ability to seek attorney fees under 42 U.S.C. § 406(b), subject to the applicable Equal Access to Justice Act provisions.

Payment Terms

The fees were to be made payable to Echo Regina Gonzales. If the Treasury Department determined that she did not owe a federal debt, the government would make payment directly to her attorney, Francesco Benavides, under the assignment executed by Gonzales. Payment could be made by electronic funds transfer or by check. The government would determine whether any federal-debt offset applied after the fee order was entered.

Ruling

The court ordered that $7,750.00 in fees and expenses authorized by 28 U.S.C. § 2412 and $405.00 in costs under 28 U.S.C. § 1920 be awarded, subject to the terms of the parties’ stipulation. The opinion text does not identify the signed judge’s name clearly; the signature block identifies the signer as a United States Magistrate Judge.