Alisha Z. v. Commissioner of Social Security

Summary

The court approved the parties’ joint stipulation awarding Plaintiff $4,389.00 in attorney fees under the Equal Access to Justice Act. The decision explains that the award belongs to Plaintiff, may be offset against qualifying pre-existing federal debt, and may be paid directly to counsel if no such debt exists.

Holdings

1. The court accepted the parties' joint stipulation and ordered Defendant to pay Plaintiff $4,389.00 in attorney fees under the EAJA, satisfying Plaintiff's claims for fees, costs, and expenses under 28 U.S.C. § 2412 in this case.
2. The EAJA award may be offset to satisfy any pre-existing debt Plaintiff owes the United States. If counsel verify within thirty days that no such debt exists, Defendant must pay the award directly to Plaintiff's counsel pursuant to any valid EAJA assignment signed by Plaintiff.

Questions Presented

1. Whether the court should accept the parties' joint stipulation and award Plaintiff $4,389.00 in attorney fees under the Equal Access to Justice Act.
2. Whether payment of the EAJA award should be subject to verification and offset for any pre-existing debt owed by Plaintiff to the United States.

Disposition

other