Summary
This United States District Court order grants a stipulated motion for attorney’s fees under the Equal Access to Justice Act (EAJA) in favor of the plaintiff, Kristi Mancuso. The court found the agreed-upon fee award of $7,800.00 reasonable following a prior remand order in the underlying Social Security dispute. The order further directs that any subsequent statutory attorney fees awarded under 42 U.S.C. § 406(b)(1) must be refunded to the plaintiff to avoid double recovery.
Topics
Practice areas
Questions Presented
- Whether the prevailing party is entitled to attorney's fees under the Equal Access to Justice Act.
- Whether an attorney who later receives fees under 42 U.S.C. § 406(b)(1) must refund the smaller amount to the prevailing party.
Holdings
- The court granted the stipulated motion and ordered the Government to pay the agreed‑upon $7,800.00 attorney’s fee award to the plaintiff as the prevailing party.
- If the plaintiff’s attorney is subsequently awarded any fees pursuant to 42 U.S.C. § 406(b)(1), the attorney shall refund the smaller amount of such fees to the plaintiff.
Key quotations
“IT IS ORDERED that the Stipulated Motion for Award of Attorney Fees Pursuant to the Equal Access to Justice Act (Doc. 18), is hereby GRANTED, and the Government is hereby ordered to pay the agreed‑upon $7,800.00 fee award to the Plaintiff as the prevailing party herein.” (at end)
Factual background
Plaintiff Kristi Mancuso was the prevailing party in a Social Security Act action. The district court remanded the case for further administrative action and later considered a stipulated motion for attorney's fees.
Procedural history
The court previously remanded the case on January 29, 2025 for further administrative action. The parties subsequently filed a stipulated motion for attorney fees, which the court reviewed and granted.