(SS) Bradbury v. Commissioner of Social Security
2:22-cv-01621
E.D. Cal.Apr 30, 2024Background
- Emily Anne Bradbury filed a civil action in the Eastern District of California seeking review of an administrative decision by the Social Security Administration.
- The suit was brought against the Commissioner of Social Security, with Martin O’Malley substituted as the new Commissioner per Rule 25(d) Fed. R. Civ. P.
- The parties reached a stipulated agreement regarding an award of attorney's fees and expenses under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d).
- The stipulated attorneys' fees amount was $7,374.24; no additional costs were requested under 28 U.S.C. § 1920.
- The stipulation provided that payment would be subject to any offset for federal debts and addressed direct payment to counsel if applicable.
- The court approved the stipulation and issued an order awarding the agreed-upon fees.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to EAJA fees | Bradbury requests fees for legal services under EAJA | O’Malley agrees to stipulated compromise amount, no admission of liability | Fees and expenses awarded as stipulated |
| Payment of Fees to Counsel | Assignment of fees to attorney should be honored | Payment subject to debt offset; honored if no debt | Fees payable to counsel if no federal debt |
| Release of Further Claims | Complete release for EAJA fee claim upon payment | Bar to future EAJA fee claims in this action | Payment is full and final as to EAJA fees |
| Preservation of Right to Seek § 406(b) Fees | Can still petition for SSA fees under § 406(b) | No objection; rights preserved | Right to seek § 406(b) fees preserved |
Key Cases Cited
- Astrue v. Ratliff, 560 U.S. 586 (2010) (establishes that EAJA fee awards are subject to federal debt offsets and are payable to the litigant, not directly to the attorney)
