Summary
This document is a stipulation and proposed order in Cristiann P. Romero v. Frank Bisignano, Commissioner of Social Security, seeking an award of $1,300 in attorney fees under the Equal Access to Justice Act and no costs under 28 U.S.C. § 1920. The stipulation was signed on December 19, 2025, and approved by Magistrate Judge Brenda Weksler on December 22, 2025. It includes counsel's declaration, proof of service, a Social Security representation agreement, and an itemization of attorney time.
Topics
Practice areas
Questions Presented
- Whether the court should approve the parties' stipulated award of $1,300 in attorney fees under the Equal Access to Justice Act.
- Whether costs should be awarded under 28 U.S.C. § 1920.
- Whether the approved EAJA fees should be payable to Romero subject to a possible Treasury offset and assignment to counsel.
Holdings
- The court approved an award of $1,300 in attorney fees to Romero under the Equal Access to Justice Act.
- No costs were awarded under 28 U.S.C. § 1920.
- The fees were made payable to Romero, but the government was directed to cause payment directly to counsel pursuant to the assignment if the Treasury Department determined that Romero did not owe a federal debt.
Key quotations
“IT IS HEREBY STIPULATED, by and between the parties through their undersigned counsel, subject to the approval of the Court, that Cristiann P. Romero (“Romero”) be awarded attorney fees in the amount of THIRTEEN HUNDRED dollars ($1,300.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and no costs under 28 U.S.C. § 1920.” (at 1)
“This stipulation constitutes a compromise settlement of Romero's request for EAJA attorney fees, and does not constitute an admission of liability on the part of Defendant under the EAJA or otherwise.” (at 2)
Factual background
Romero was represented by counsel in a federal action seeking judicial review of a Social Security disability-benefits matter. After remand, counsel submitted a declaration and time itemization, and the parties agreed that Romero should receive $1,300 in EAJA fees and no costs. The stipulation addressed payment to Romero, possible direct payment to counsel pursuant to an assignment if no Treasury offset applied, and preservation of any later request for fees under 42 U.S.C. § 406(b).
Procedural history
Cristiann P. Romero brought a civil action concerning Social Security disability benefits. After the matter proceeded to remand, the parties stipulated to an EAJA fee award of $1,300 and no costs under 28 U.S.C. § 1920. The court approved and ordered the stipulated award on December 22, 2025.