Piroska Smith v. Commissioner of Social Security

Summary

This document is a stipulation and order awarding Plaintiff $11,000 in attorney fees under the Equal Access to Justice Act, 28 U.S.C. § 2412(d), in Smith v. Commissioner of Social Security. The award is subject to Treasury offset procedures and includes no costs under 28 U.S.C. § 1920. The order was entered by Magistrate Judge Barbara A. McAuliffe on July 22, 2025, and denied as moot Plaintiff’s previously filed EAJA fee motion.

Holdings

1. The court approved the parties' stipulation and awarded Plaintiff $11,000 in attorney fees under 28 U.S.C. § 2412(d), with no costs under 28 U.S.C. § 1920, subject to the terms of the stipulation.
2. Plaintiff's previously filed motion for EAJA attorney fees was denied as moot.

Questions Presented

1. Whether the court should approve the parties' stipulation awarding Plaintiff $11,000 in attorney fees under the Equal Access to Justice Act.
2. Whether Plaintiff's previously filed motion for EAJA attorney fees should remain pending after approval of the stipulated award.

Disposition

other