Gomez v. Bisignano

Background

The parties submitted a joint stipulation asking the court to approve an award under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). The stipulation stated that Gomez should receive $10,000 for all legal services his counsel performed in connection with the civil action. It also stated that no costs should be awarded under 28 U.S.C. § 1920.

The parties stipulated that the government’s position was not substantially justified and that Gomez was therefore entitled to EAJA fees. The agreement described the payment as a compromise settlement of Gomez’s fee request and stated that it was not an admission of liability by the government under the EAJA or otherwise.

Payment terms

The fees were to be made payable to Gomez. Under the stipulation, the government would first determine whether the fees were subject to an offset for a federal debt. If the Treasury Department determined that Gomez did not owe a federal debt, the government would cause the payment to be made directly to his counsel, Francesco Benavides, under Gomez’s assignment of the fees. Payment could be made electronically or by check.

The stipulation stated that payment of the agreed amount would fully release and bar claims relating to EAJA fees in this action. It also preserved Benavides’s ability to seek attorney fees under 42 U.S.C. § 406(b), subject to the EAJA’s savings-clause provisions.

Ruling

Judge Sallie Kim approved the parties’ stipulation and ordered that $10,000 in fees and expenses be awarded under 28 U.S.C. § 2412, subject to the stipulation’s terms. The court ordered no costs under 28 U.S.C. § 1920. The opinion is a fee award and does not state a ruling on the underlying Social Security dispute.