Bernard v. Kilolo Kijakazi, Acting Commissioner of Social Security
- Sallie Kim
- 3:21-cv-09288
- U.S. District Court · Northern District of California
- 3
Bernard v. Kijakazi: Judge Kim granted an agreement awarding $5,850 in attorney fees and $402 in costs after a Social Security remand.
Michael S. Bernard, his attorney Harvey P. Sackett and Sackett and Associates, and the Social Security Administration were affected by the fee and cost award.
What happened
In Michael S. Bernard v. Kilolo Kijakazi, the court had previously reversed the Social Security decision and sent the matter back for another hearing. The parties later agreed on attorney fees and costs.
The court approved their agreement. The government must pay Bernard $5,850 in fees and reimburse him $402 for the filing fee. Payment is subject to possible government debt offsets, and the agreement does not admit wrongdoing or concede that the original benefits decision lacked adequate justification.
Judge Sallie Kim granted the parties’ stipulation. The agreement preserves the possibility of seeking additional fees under the Social Security Act, subject to the Equal Access to Justice Act’s offset rules.
The detailed version
- Bernard v. Kilolo Kijakazi, Acting Commissioner of Social Security · No. 3:21-cv-09288
- Sallie Kim
- Nov. 20, 2023
Background
On August 31, 2023, the court reversed the Acting Commissioner of Social Security’s final decision and remanded the matter for a rehearing under sentence four of 42 U.S.C. § 405(g). Judgment was entered.
The parties then stipulated to an award under the Equal Access to Justice Act, a federal law that can permit attorney-fee awards in cases against the government. They agreed that $5,850 in attorney fees was reasonable. The stipulation states that the award is a compromise settlement and does not admit liability by the government or establish that the original administrative decision denying benefits was not substantially justified.
Fees and costs
The stipulation provides that the government will pay Bernard $5,850 in attorney fees and reimburse him $402 for the filing fee. The fees are payable to Bernard, but the government may first determine whether the fees are subject to an offset for a federal debt. If no such debt exists, payment may be made directly to Harvey P. Sackett under Bernard’s assignment of the fees.
The award releases and bars claims relating to Equal Access to Justice Act fees and costs. It does not prevent Bernard, Harvey P. Sackett, or Sackett and Associates from seeking attorney fees under section 206(b) of the Social Security Act, subject to the applicable offset or savings provisions.
Ruling
Judge Sallie Kim granted the parties’ stipulation. The order therefore awarded the agreed attorney fees and costs under the stated payment and offset conditions.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.