Linda Maria Pacheco v. Frank J. Bisignano, Commissioner of Social Security

Summary

This document is a stipulation and proposed order in a Social Security action in the U.S. District Court for the Eastern District of California. The parties agree to an award of $7,500 in attorney fees and expenses under the Equal Access to Justice Act, with no costs under 28 U.S.C. § 1920. The stipulation addresses payment, Treasury Offset Program considerations, assignment of fees, and the preservation of potential attorney-fee claims under 42 U.S.C. § 406(b).

Holdings

1. The court approved an award of $7,500 in attorney fees and expenses to Plaintiff under the Equal Access to Justice Act, subject to the terms of the parties' stipulation.
2. The EAJA award is payable to Plaintiff, but may be made payable to Plaintiff's attorney if the Commissioner confirms the assignment, determines that Plaintiff has no debt subject to Treasury Offset Program withholding, and waives the Anti-Assignment Act requirements.

Questions Presented

1. Whether the court should approve the parties' stipulation awarding Plaintiff $7,500 in attorney fees and expenses under the Equal Access to Justice Act.
2. Whether the EAJA award should be made to Plaintiff, subject to potential payment to Plaintiff's attorney after consideration of assignment, offset, and Anti-Assignment Act requirements.

Disposition

approved