Baglio v. Berryhill

Background

The parties submitted a stipulation asking the court to approve a settlement of Kerrie Baglio’s request for attorney fees under the Equal Access to Justice Act, a federal law that can allow a qualifying party to recover attorney fees from the government. They also addressed costs under 28 U.S.C. § 1920.

Agreement

The stipulation provided that Baglio would receive $9,000 in attorney fees and zero dollars in costs. The $9,000 covered all legal services performed by Baglio’s counsel in connection with the civil action.

The fees were to be made payable to Baglio. The defendant would consider an assignment of the fees to Bay Area Legal Aid, the firm of Baglio’s counsel. Under the agreement, the Treasury Department would first determine whether the fees were subject to an offset for a federal debt. If Baglio did not owe a federal debt, the government would cause the payment to be made directly to Bay Area Legal Aid under any assignment executed by Baglio.

The stipulation stated that it was a compromise settlement and did not admit liability under the Equal Access to Justice Act. Payment would fully release and bar claims by Baglio or her counsel relating to Equal Access to Justice Act fees in this action. The agreement preserved counsel’s ability to seek fees under 42 U.S.C. § 406(b), subject to the statute’s coordination rules, but Bay Area Legal Aid waived its right to seek fees under that provision.

Ruling

Judge Hayward S. Gilliam Jr. ordered: “Pursuant to the Stipulation, IT IS SO ORDERED.” The court therefore approved the settlement, awarding $9,000 in attorney fees and zero dollars in costs under the parties’ agreement.

Disposition

This was an attorney-fee award ancillary to the underlying Social Security case. It did not decide the merits of Baglio’s underlying claim or make a finding of liability against the defendant.