Soukphrachanh v. Saul

Background

Lonnie Soukphrachanh and the government submitted a stipulation resolving the plaintiff’s request for attorney fees under the Equal Access to Justice Act, a federal law that can allow a qualifying party to recover fees from the government. The stipulation stated that the plaintiff would receive $4,500 in attorney fees and $0 in costs.

The document identified Kilolo Kijakazi as the Acting Commissioner of Social Security and stated that she should replace Andrew Saul as the defendant under Federal Rule of Civil Procedure 25(d). The provided case caption is therefore Soukphrachanh v. Kijakazi, although the supplied case name refers to Saul.

Agreement

The $4,500 represented compensation for all legal services performed for the plaintiff in connection with this civil action. The agreement stated that it was a compromise settlement and did not admit government liability under the Equal Access to Justice Act.

The fees were to be made payable to the plaintiff. After the fee order, the government would determine whether the fees were subject to an offset through the Treasury Department’s Offset Program. If the plaintiff did not owe a federal debt, the government would make payment directly to Bay Area Legal Aid under the plaintiff’s assignment of the fees. Payment would release and bar further claims by the plaintiff or counsel concerning Equal Access to Justice Act fees in this action. Bay Area Legal Aid waived its right to seek fees under 42 U.S.C. § 406(b), although the stipulation stated that the settlement did not otherwise affect counsel’s rights under that provision.

Ruling

The court approved the parties’ stipulation and ordered the agreed settlement. The order awarded $4,500 in attorney fees and $0 in costs under the terms presented. It did not decide the underlying Social Security dispute in this document.