Summary
This document is a proposed order awarding Plaintiff Humberto Leon, Jr. $6,020.00 in attorney fees under the Equal Access to Justice Act, 28 U.S.C. § 2412(d), with no costs awarded. It provides that the award belongs to Plaintiff, may be offset against qualifying federal debts, and may be paid to counsel if no such debt exists and an EAJA assignment is verified.
Topics
Practice areas
Questions Presented
- Whether Plaintiff should receive the stipulated award of attorney fees and costs under the Equal Access to Justice Act.
Holdings
- The court ordered an award of $6,020.00 in attorney fees under 28 U.S.C. § 2412(d) and $0.00 in costs under 28 U.S.C. § 2412(a), in full and final satisfaction of Plaintiff's EAJA claims.
Key quotations
“Plaintiff shall be awarded attorney fees in the amount of $6,020.00 (six-thousand twenty dollars and zero cents) under the EAJA, 28 U.S.C. § 2412(d) and $00.00 (zero dollars) in costs under 28 U.S.C. § 2412(a), in full satisfaction of any and all claims that may be payable to plaintiff in this matter under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412.” (at 1)
“Any fees paid belong to Plaintiff and not Plaintiff’s attorney and can be offset to satisfy any pre-existing debt that the litigant owes the United States” (at 2)
Factual background
The underlying action was a Social Security case brought by Humberto Leon, Jr. against the Commissioner of Social Security. The parties stipulated to an award under the Equal Access to Justice Act. The court awarded $6,020.00 in fees and $0.00 in costs, subject to the statutory debt-offset procedure.
Procedural history
Following the parties' stipulation for an EAJA award, the district court entered an order awarding Plaintiff $6,020.00 in attorney fees and no costs.