Amhed Alasady v. Frank Bisignano

Summary

This document is a stipulated motion seeking an award of attorney fees and costs under the Equal Access to Justice Act in a Social Security case remanded for further administrative proceedings. The parties stipulate to $6,039.50 in fees and $405.00 in costs, subject to Treasury Offset Program and potential Social Security Act fee provisions.

Holdings

1. The parties stipulated to an EAJA award of $6,039.50 in attorney fees and $405.00 in costs following the remand of Plaintiff's Social Security case.
2. The EAJA award is payable to Plaintiff as the prevailing party; if no Treasury Offset Program debt exists, the agency may waive the Anti-Assignment Act requirements and pay the fees to Plaintiff's attorney, while any offset situation requires payment by a check to Plaintiff delivered to counsel.

Questions Presented

1. Whether the parties' stipulated request for an award of attorney fees and costs under the Equal Access to Justice Act should be approved.
2. How the EAJA award should be paid in light of the prevailing-party requirement, potential Treasury Offset Program debts, and any later award under 42 U.S.C. § 406(b).

Disposition

other