Paris F. F. v. Kijakazi
- Tony Leung
- 0:22-cv-00282
- U.S. District Court · District of Minnesota
- 2
In Paris F. F. v. Kijakazi, Judge Leung granted the joint motion and awarded $6,000 in Equal Access to Justice Act fees and costs.
Paris F. F. receives the $6,000 EAJA award as the litigant, subject to possible offset for preexisting debt owed to the United States. Counsel receives $0 in costs.
What happened
Paris F. F. and Kilolo Kijakazi’s case came before the court on their joint request for attorney fees under the Equal Access to Justice Act, a federal fee law.
The parties agreed that Paris F. F. should receive $6,000 in attorney fees and that counsel should receive $0 in costs, for a total of $6,000. The agreement resolved all of Paris F. F.’s claims for fees under that law.
Judge Tony N. Leung granted the joint motion and awarded $6,000 in fees and costs to Paris F. F. The award may be used to pay any existing debt Paris F. F. owes the United States, and any fees must be paid to Paris F. F. as the litigant.
The detailed version
- Paris F. F. v. Kijakazi · No. 0:22-cv-00282
- Tony Leung
- Nov. 21, 2023
Background
The court considered the parties’ joint motion for an award of attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). The opinion addresses the fee request and does not describe the underlying Social Security dispute.
Agreement and Award
The parties stipulated to an award of $6,000 in attorney fees to Paris F. F. and reimbursement to counsel of $0 in costs, for a total of $6,000. They agreed that this amount would fully satisfy any EAJA claims Paris F. F. had in the case.
The court noted that under Astrue v. Ratliff, an EAJA award belongs to the plaintiff rather than counsel and may be offset to satisfy a preexisting debt the plaintiff owes the United States.
Ruling
Judge Tony N. Leung granted the parties’ joint motion. The court awarded Paris F. F. $6,000 in fees and costs under the EAJA, subject to any offset for preexisting debt owed to the United States. The court also ordered that any EAJA fees be paid to Paris F. F. as the litigant.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.