Black v. Saul

Background

The order concerns Plaintiff Tina Marie Black’s request for attorney fees and costs arising from this civil action. The parties submitted a stipulation asking the court to approve a settlement under the Equal Access to Justice Act (EAJA), a federal law that can authorize attorney-fee awards in qualifying cases against the government.

Agreement

Under the stipulation, Black will receive $7,000 in EAJA attorney fees and zero dollars in costs under the federal costs statute. The $7,000 represents compensation for all legal services provided by counsel for Black in connection with this action. The settlement is a compromise and does not constitute an admission of liability by the defendant under the EAJA.

The fees are payable to Black. The government will consider any assignment of those fees to Bay Area Legal Aid, which represented Black, after the court enters the fee order. Under the agreement, the Treasury Department will first determine whether the fees are subject to an offset for a federal debt owed by Black. If no such debt exists, the government will arrange for payment directly to Bay Area Legal Aid under any assignment signed by Black.

Payment of the agreed amount will fully release and bar claims by Black or her counsel relating to EAJA fees in this action. The agreement preserves counsel’s ability to seek fees under a separate Social Security Act provision, although Bay Area Legal Aid waived its right to seek fees under that provision.

Ruling

Judge Kandis A. Westmore ordered: “Pursuant to the stipulation, it is so ordered.” The court therefore approved the settlement, awarding $7,000 in attorney fees and zero dollars in costs. This was a fee determination ancillary to the underlying case; the order does not decide the merits of Black’s Social Security claim.