Matos v. Commissioner of Social Security

Background

The parties submitted a stipulation asking the court to award attorney fees under the Equal Access to Justice Act, a federal law that can require the government to pay fees to a prevailing party when the government’s position was not substantially justified. The stipulation requested $7,200 in fees and no costs for legal services provided in this civil action.

The stipulation stated that James Matos was the prevailing party, that his net worth was not more than $2 million when the action was filed, that the Commissioner’s position was not substantially justified, and that awarding fees would not be unjust. It described the payment as a compromise settlement and said it was not an admission of liability by the Commissioner.

Payment Terms

The stipulation said the $7,200 payment would fully resolve claims by Matos and his counsel, including the Homeless Action Center, for Equal Access to Justice Act fees, expenses, and costs in this action. It also said the government would consider Matos’s assignment of the fees to his attorney after the court entered the fee order. Payment would be made payable to Matos, but direct payment to counsel could occur if the Treasury Department determined that Matos did not owe a federal debt. The stipulation preserved counsel’s ability to seek fees under 42 U.S.C. § 406(b), subject to the Equal Access to Justice Act’s savings-clause requirements.

Ruling

Judge Susan Van Keulen ordered that Matos be awarded $7,200 in attorney fees under 28 U.S.C. §§ 1920 and 2412(d), subject to the terms of the parties’ stipulation. The opinion does not describe the underlying Social Security dispute or the court’s resolution of its merits.