Martin v. Saul

Background

Dawn Martin and the Commissioner of Social Security submitted a stipulation asking the court to approve an award under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and an award of costs under 28 U.S.C. § 1920. The stipulation stated that Martin was the prevailing party and that her net worth was less than two million dollars.

Requested Award and Payment Terms

The parties agreed that Martin would receive $9,500 in attorney fees and $402 in costs. The stipulation stated that the amount compensated all legal services provided by Katherine R. Siegfried in connection with the civil action. Under the agreement, the fees were payable to Martin. The government would first determine whether the fees were subject to an offset through the Treasury Department’s Offset Program. If the Treasury Department determined that Martin did not owe a federal debt, the government would arrange for payment directly to Siegfried under Martin’s assignment of the fees.

The stipulation described the agreement as a compromise settlement of Martin’s request for EAJA fees and expenses. It stated that the agreement was not an admission of liability by the defendant and that payment would release and bar claims relating to EAJA fees and expenses in this action. It also stated that the award did not affect Siegfried’s right to seek attorney fees under 42 U.S.C. § 406, subject to the EAJA’s savings provisions.

Ruling

Judge Haywood S. Gilliam, Jr. ordered that fees and expenses of $9,500, authorized by 28 U.S.C. § 2412, and costs of $402, authorized by 28 U.S.C. § 1920, be awarded subject to the terms of the stipulation.