Ruskofsky-Zuccato v. Commissioner of Social Security

Background

The filing was a joint stipulation and proposed order concerning attorney’s fees. Megan Ruskofsky-Zuccato’s counsel sought fees under the Equal Access to Justice Act (EAJA), a federal law that can authorize fee awards in qualifying cases against the government. The opinion does not explain the underlying Social Security claim or state why the case qualified for an EAJA award.

Parties’ Agreement

The parties agreed that counsel, as the plaintiff’s assignee, would receive $4,784.96 for all legal services performed for the plaintiff in this civil action. They described the agreement as a compromise settlement of the fee request and stated that it was not an admission by the Commissioner of liability under the EAJA. Payment would release and bar further claims relating to EAJA fees, expenses, and costs in this action.

The stipulation stated that the Commissioner would consider the assignment of the fees after the court issued an award. The payment would be made to the plaintiff, and the Commissioner would determine whether the Treasury Department’s federal-debt offset program applied. If the plaintiff did not owe a federal debt, payment would be made directly to counsel under the assignment. The stipulation also stated that the award was without prejudice to counsel’s ability to seek fees under 42 U.S.C. § 406(b), subject to the EAJA’s savings-clause requirements.

Ruling

The court approved the parties’ stipulation and ordered that the plaintiff be awarded $4,784.96 in attorney’s fees under the EAJA, citing 28 U.S.C. §§ 1920 and 2412(d). The award was subject to the terms of the stipulation. The court did not decide the underlying Social Security dispute in this order.