Mai v. Kilolo Kijakazi
- 3:22-cv-07344
- U.S. District Court · Northern District of California
- 3
In Mai v. Kijakazi, the court ordered $3,400 in attorney fees and $402 in costs after an earlier Social Security remand.
Ninh C. Mai, Plaintiff’s counsel, and the Acting Commissioner of Social Security were affected. The government was ordered to pay $3,400 in attorney fees and $402 in filing costs, subject to the payment and offset terms in the order.
What happened
In Mai v. Kijakazi, the court had earlier reversed the Acting Commissioner of Social Security’s decision and sent the case back for another hearing. This order addressed the parties’ agreement about fees and costs.
The court ordered the government to pay Ninh C. Mai $3,400 in attorney fees under the Equal Access to Justice Act and $402 for the filing fee. The fee award does not prevent Mai from seeking separate fees under the Social Security Act, but it fully resolves claims for Equal Access to Justice Act fees and costs.
The court entered the stipulated order on July 28, 2023. The judge’s name is not readable in the provided opinion text; the court also addressed how payment could be made to Mai’s lawyer if the Treasury Department found no qualifying federal debt.
The detailed version
- Mai v. Kilolo Kijakazi · No. 3:22-cv-07344
- July 28, 2023
Background
The opinion concerns attorney fees after an earlier order dated June 20, 2023. In that earlier order, the court reversed the Acting Commissioner of Social Security’s final decision and remanded the case for a rehearing under sentence four of 42 U.S.C. § 405(g). Judgment was entered.
Parties’ agreement and award
The parties stipulated that $3,400 was a reasonable award of attorney fees under the Equal Access to Justice Act, 28 U.S.C. § 2412(d). The defendant agreed to pay that amount to Plaintiff. The defendant also agreed to reimburse Plaintiff $402 in costs for the filing fee under 28 U.S.C. § 1920.
The award is without prejudice to Plaintiff’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 order states that the award completely releases and bars claims relating to Equal Access to Justice Act fees and costs.
Payment terms
The fees are payable to Plaintiff. The government will determine whether the fees are subject to an offset through the Treasury Department’s Offset Program. If the Treasury Department determines that Plaintiff does not owe a federal debt, the government will make payment directly to Plaintiff’s counsel under Plaintiff’s assignment of the fees.
Ruling
Judge the court ordered the stipulated award. The order requires payment of $3,400 in attorney fees and $402 in costs and preserves the stated right to seek fees under section 406(b), subject to the applicable limitations.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.