Sanchez v. Saul
- Joseph Spero
- 3:19-cv-03228
- U.S. District Court · Northern District of California
- 1
Sanchez v. Saul: Judge Spero denied, without prejudice, a request for fees for Social Security administrative representation because only the agency can award them.
Eva Sanchez and attorney Aggie Rose-Chavez; the ruling concerns fees for Sanchez’s representation in Social Security Administration proceedings.
What happened
In Eva Sanchez v. Andrew M. Saul, an attorney asked the court for fees for representing Sanchez in proceedings before the Social Security Administration.
The court said it had no authority to award fees for that administrative representation. It explained that the request must be made to the Social Security Administration instead.
Judge Spero denied the fee petition without prejudice.
The detailed version
- Sanchez v. Saul · No. 3:19-cv-03228
- Joseph Spero
- June 29, 2021
Background
Attorney Aggie Rose-Chavez represented Eva Sanchez in administrative proceedings before the Social Security Administration, but not in the federal court case. Rose-Chavez submitted a petition seeking attorney’s fees.
Court’s reasoning
The court relied on 42 U.S.C. § 406(a) and held that it lacked authority to award fees for representation before the Social Security Administration. The court stated that requests for those fees must instead be made to the Social Security Administration.
Disposition
The court denied the petition without prejudice. The order was entered by Judge Joseph C. Spero, Chief Magistrate Judge.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.