Skidgel v. Commissioner of Social Security

Summary

The United States District Court for the Eastern District of California adopted the parties’ joint motion for an award of attorney’s fees under the Equal Access to Justice Act after remanding the Social Security matter for further proceedings. The court awarded $6,100.00 in attorney’s fees and expenses, subject to potential Treasury offset, and did not award costs under 28 U.S.C. § 1920.

Holdings

1. Plaintiff was awarded $6,100.00 in attorney's fees and expenses under 28 U.S.C. § 2412(d) pursuant to the parties' joint motion.
2. No costs were awarded because the parties did not request costs in their joint motion.
3. The fee award was made payable to Plaintiff, subject to payment directly to her counsel if the Treasury Department determines that Plaintiff owes no federal debt.

Questions Presented

1. Whether Plaintiff was entitled to an award of attorney's fees and expenses under the Equal Access to Justice Act after obtaining summary judgment and a remand.
2. Whether costs should be awarded under the EAJA when the parties' joint motion did not request costs.
3. How an EAJA attorney's-fee award should be payable in light of potential federal-debt offsets.

Disposition

other