Joyce v. Berryhill

Background

The document is a stipulation and proposed order about attorney fees in a Social Security case. Derick Michael Joyce was represented by Brian A. Barboza. Joyce and the Commissioner of the Social Security Administration agreed to resolve Joyce’s request for fees and expenses under the Equal Access to Justice Act, a federal law that can allow a qualifying party to recover litigation expenses from the government.

The opinion text does not decide the underlying Social Security claim or explain the result of that claim.

Agreement and payment terms

The parties agreed to an award of $4,500 under the Equal Access to Justice Act. The stipulation states that this amount covered all legal services and costs provided by Joyce’s attorney in connection with the civil action.

The award would be made payable to Joyce. The government would then determine whether the Treasury Department’s debt-offset program applied to Joyce. If Joyce did not owe a federal debt, the government would arrange for payment to be made directly to Brian A. Barboza under Joyce’s assignment of the fees. The stipulation stated that payment would fully resolve and release claims for Equal Access to Justice Act fees and costs relating to this action. It also stated that the settlement was not an admission of government liability.

Ruling

The order states: “Pursuant to the stipulation, it is so ordered.” Thus, the court ordered the stipulated $4,500 fee award. The text does not state that the court ruled on the merits of Joyce’s underlying Social Security claim.

Judge Sallie Kim, identified as a United States magistrate judge, signed the order. The materials identify October 26, 2020 as the filing date, while the date line on the signed order itself is blank.