LINDA M. FREDRICK v. ANDREW SAUL

Background

The court had issued an earlier order reversing the Commissioner of Social Security’s final decision and remanding the case for a rehearing under 42 U.S.C. § 405(g). Judgment had been entered. The document states that Kilolo Kijakazi became Acting Commissioner on July 9, 2021, and should be substituted for Andrew Saul as the defendant.

Fee Agreement

The parties stipulated that an award of $4,393.98 in attorney fees under the Equal Access to Justice Act, 28 U.S.C. § 2412(d), was reasonable. The agreement released and barred further claims by the plaintiff concerning Equal Access to Justice Act fees and costs. It also stated that the award was not a precedent and was not a concession that the original administrative decision was not substantially justified.

The parties agreed that the fees would be payable to the plaintiff. The government would consider paying the fees directly to Harvey P. Sackett under the plaintiff’s assignment if the Treasury Department determined that the plaintiff did not owe a federal debt. The agreement preserved the right of the plaintiff’s counsel to seek fees under 42 U.S.C. § 406(b), subject to the applicable offset and savings provisions.

Ruling

Judge Susan Van Keulen ordered the stipulated fee award. The order approved payment of $4,393.98 in attorney fees to the plaintiff under the Equal Access to Justice Act.