D’Angelo Kenye Jacob Lewis v. Commissioner of Social Security

Summary

The United States District Court for the Eastern District of California adopted the parties’ stipulation awarding plaintiff $9,400 in attorney’s fees under the Equal Access to Justice Act following remand of his Social Security case. The order provides that payment is subject to any Treasury offset and may be made directly to plaintiff’s counsel if no federal debt is owed.

Holdings

1. The court approved the parties’ stipulation and awarded plaintiff $9,400 in attorney’s fees under the Equal Access to Justice Act, 28 U.S.C. § 2412(d).
2. The EAJA fees are payable to plaintiff, but the government may pay plaintiff’s counsel directly if the Treasury determines that plaintiff does not owe a federal debt; any assignment remains subject to an applicable Treasury offset.

Questions Presented

1. Whether the court should approve the parties’ stipulation awarding plaintiff $9,400 in attorney’s fees under the Equal Access to Justice Act.
2. Whether payment of the EAJA fees should be made to plaintiff, with potential direct payment to plaintiff’s counsel subject to any applicable federal-debt offset.

Disposition

other