Webb v. Acting Commissioner of Social Security
- Susan Van Keulen
- 5:19-cv-00589
- U.S. District Court · Northern District of California
- 3
In Webb v. Acting Commissioner of Social Security, Judge Van Keulen ordered a $5,000 Equal Access to Justice Act fee award.
Stella Webb and her attorney, Nancy McCombs, received an approved $5,000 fee award, subject to any permitted federal-debt offset and the stipulation’s payment terms; the Acting Commissioner of Social Security was bound to the order.
What happened
In Stella Webb v. Acting Commissioner of Social Security, the parties jointly asked the court to approve a $5,000 payment for attorney fees and expenses under the Equal Access to Justice Act.
The agreement covered all legal services provided in the case. The payment would generally be made to Webb, but could be paid directly to Nancy McCombs if the Treasury Department found that Webb did not owe a federal debt; the government could first apply any permitted offset. The agreement was a compromise and did not admit government liability.
Judge Susan Van Keulen ordered that Webb receive $5,000 in attorney fees and expenses under the Act, subject to the stipulation’s terms.
The detailed version
- Webb v. Acting Commissioner of Social Security · No. 5:19-cv-00589
- Susan Van Keulen
- Apr. 13, 2020
Background
The parties submitted a joint stipulation asking the court to award Stella Webb attorney fees and expenses under the Equal Access to Justice Act, 28 U.S.C. § 2412. The requested amount was $5,000 and represented compensation for all legal services provided for Webb in this civil action.
Agreement’s terms
The stipulation stated that the fees would be payable to Webb. After the court entered the fee order, the government would determine whether the fees were subject to an offset through the Treasury Department’s Offset Program. If the Treasury Department determined that Webb did not owe a federal debt, the government would arrange for payment directly to Nancy McCombs under Webb’s assignment of the fees. Any payment was to be delivered to McCombs.
The parties described the stipulation as a compromise settlement of Webb’s request for Equal Access to Justice Act fees. It did not constitute an admission that the defendant was liable under that Act or otherwise. Payment of the agreed amount would fully release and bar fee-related claims connected with this action by Webb, McCombs, and the Law Office of McCombs and Abel.
Ruling
Judge Susan Van Keulen ordered that attorney fees in the amount of $5,000 be awarded under 28 U.S.C. § 2412, subject to the terms of the stipulation. This order addressed fees and expenses; the provided text does not decide the underlying Social Security dispute.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.