Blade-Abdullah v. Kijakazi
- Cisneros
- 3:23-cv-00615
- U.S. District Court · Northern District of California
- 3
In Blade-Abdullah v. Kijakazi, Judge Cisneros ordered a $4,855 Equal Access to Justice Act fee award to Freddie Blade-Abdullah, subject to the parties’ stipulation.
Freddie Blade-Abdullah and Plaintiff’s counsel are affected by the $4,855 EAJA award, its possible offset for federal debt, and the payment terms in the stipulation.
What happened
Blade-Abdullah v. Kijakazi concerned a request for attorney fees and costs after the parties reached a stipulation. The opinion does not describe the underlying Social Security dispute or its outcome.
The court approved the stipulation and ordered an Equal Access to Justice Act award of $4,855. The payment is subject to possible government debt offsets and the stipulation’s other terms.
Judge Lisa J. Cisneros issued the order on August 25, 2023. The order preserved counsel’s ability to seek separate fees under another Social Security Act provision.
The detailed version
- Blade-Abdullah v. Kijakazi · No. 3:23-cv-00615
- Cisneros
- Aug. 25, 2023
Background
The parties submitted a stipulation asking the court to approve an award of attorney fees under the Equal Access to Justice Act (EAJA). The stipulation stated that Plaintiff’s counsel was Plaintiff’s assignee for purposes of the fee award and that the requested amount was $4,855.00.
The opinion does not explain the underlying Social Security claim, any prior ruling, or which party prevailed on that claim. It addresses only the fee request.
Court’s Order
Based on the parties’ stipulation, the court ordered that Plaintiff receive $4,855.00 in attorney fees under the EAJA, subject to the stipulation’s terms. The stipulation described the amount as a compromise settlement and stated that it was not an admission of liability under the EAJA.
The stipulation provides that payment will be made payable to Plaintiff. The Commissioner will determine whether the amount is subject to an offset under the federal Treasury debt-offset program. If Plaintiff does not owe a federal debt, payment may be made directly to Plaintiff’s counsel under Plaintiff’s assignment.
The stipulation states that payment would fully release and bar Plaintiff’s claims relating to EAJA fees, expenses, and costs in this action. It also preserves Plaintiff’s counsel’s right to seek attorney fees under 42 U.S.C. § 406(b), subject to the EAJA’s savings-clause requirements.
Disposition
Judge Lisa J. Cisneros approved the parties’ stipulation and ordered the $4,855.00 EAJA award. The order did not decide the merits of the underlying Social Security dispute.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.