Benson v. Saul

Background

The filing concerns attorney fees following an earlier appeal in Kassie E. Benson’s Social Security case. The opinion states that, on March 2, 2022, the United States Court of Appeals for the Ninth Circuit reversed the Commissioner’s final decision and remanded the case for a rehearing under 42 U.S.C. § 405(g), sentence four. The caption identifies Andrew Saul as the original defendant but states that Kilolo Kijakazi became the Acting Commissioner and was substituted under Federal Rule of Civil Procedure 25(d)(1).

Agreement and ruling

The parties stipulated that $12,250.00 in attorney fees under the Equal Access to Justice Act was reasonable. The government also agreed to reimburse Benson $182.00 for copying costs under 28 U.S.C. § 1920. The filing states that the award was a complete release and bar of claims for Equal Access to Justice Act fees and costs, was not precedent for future cases, and was not a concession that the original administrative decision denying benefits lacked substantial justification.

The agreement preserved Benson’s right to seek attorney fees under section 206(b) of the Social Security Act, 42 U.S.C. § 406(b), subject to the Equal Access to Justice Act’s offset provisions. The fees were to be made payable to Benson initially. After the order, the government would determine whether the fees were subject to an offset for a federal debt. If there was no debt requiring an offset, payment could be made directly to Harvey P. Sackett under Benson’s assignment.

Judge S. White ordered the stipulated award on April 11, 2022. The order addressed fees and costs rather than deciding the underlying entitlement to Social Security benefits.

Disposition

The court ordered payment of $12,250.00 in attorney fees and reimbursement of $182.00 in costs pursuant to the parties’ stipulation.