Johnathon Mcmains v. Commissioner of Social Security

Summary

The United States District Court for the Eastern District of California adopted the parties’ stipulation awarding Plaintiff Johnathon Mcmains $9,755.00 in attorney’s fees and expenses under the Equal Access to Justice Act following remand of his Social Security action. The court awarded no costs under 28 U.S.C. § 1920 and addressed payment subject to any applicable federal-debt offset.

Holdings

1. The court approved the parties' stipulation and awarded Plaintiff $9,755.00 in attorney's fees and expenses under 28 U.S.C. § 2412(d).
2. No costs were awarded under 28 U.S.C. § 1920.
3. EAJA fees are payable to Plaintiff, but if the Department of the Treasury determines that Plaintiff does not owe a federal debt, the government shall cause payment to be made directly to Plaintiff's counsel; any assignment is subject to an allowable federal-debt offset.

Questions Presented

1. Whether the parties' stipulation for an award of $9,755.00 in attorney's fees and expenses under the Equal Access to Justice Act should be approved.
2. Whether costs should be awarded under 28 U.S.C. § 1920.
3. Whether any EAJA fee payment should be made to plaintiff or directly to plaintiff's counsel in light of potential federal-debt offsets.

Disposition

other