Angel C. v. Frank Bisignano

Summary

The United States District Court for the Southern District of California granted the parties’ joint motion for an award of attorney’s fees under the Equal Access to Justice Act. The court awarded the plaintiff $5,000 in attorney’s fees and $405 in costs, subject to the Treasury Offset Program and applicable provisions governing payment to counsel. The order was entered without prejudice to a subsequent request for attorney’s fees under 42 U.S.C. § 406(b).

Holdings

1. The joint motion was granted, and plaintiff was awarded $5,000.00 in attorney fees and $405.00 in costs.
2. EAJA fees belong to plaintiff and are subject to offset under the Treasury Offset Program; if plaintiff has assigned the fees to counsel and owes no qualifying debt, payment may be made to plaintiff's counsel, but any remaining amount after an offset must be paid to plaintiff.
3. Frank Bisignano should be substituted for Leland Dudek as defendant pursuant to Federal Rule of Civil Procedure 25(d), and no further action was required to continue the suit.

Questions Presented

1. Whether the parties' joint motion for an award of attorney fees and costs under the Equal Access to Justice Act should be granted.
2. How the EAJA award should be paid in light of plaintiff's potential assignment of fees to counsel and possible offset under the Treasury Offset Program.

Disposition

other