(SS) Duarte v. Commissioner of Social Security
2:19-cv-01019
E.D. Cal.Nov 18, 2020Background:
- Plaintiff Bonnie Jean Duarte sought attorney fees and expenses under the Equal Access to Justice Act (EAJA) following her civil action against Andrew Saul, Commissioner of Social Security.
- Parties filed a stipulation that Plaintiff be awarded $5,773.18 in EAJA fees and expenses, representing compensation for all legal services in the action.
- The stipulation provides that fees shall be made payable to Plaintiff, but if the Department of the Treasury determines Plaintiff owes no federal debt, payment will be made directly to Plaintiff’s counsel pursuant to Plaintiff’s assignment.
- The stipulation acknowledges the Treasury Offset Program may reduce or offset any award before honoring an assignment, per Astrue v. Ratliff.
- The stipulation constitutes a compromise settlement and release of any further EAJA claims related to this action, while preserving counsel’s right to seek Social Security Act fees under 42 U.S.C. § 406(b).
- The court issued a proposed order (dated November 17, 2020) awarding $5,773.18 in EAJA fees subject to the stipulation’s terms.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Award of EAJA fees | Duarte is entitled to $5,773.18 under EAJA for counsel’s services | Government stipulated to the award (no contest to amount) | Court ordered EAJA fees of $5,773.18 per the parties’ stipulation |
| Payment / assignment of EAJA fees | Fees may be assigned to counsel; request payment directly to counsel if no federal debt | Fees are payable to Plaintiff; payment to counsel depends on Treasury Offset review per Astrue v. Ratliff | Fees awarded to Plaintiff; Treasury will determine offsets and, if no federal debt, the government may pay counsel per the assignment |
| Effect of payment on future claims | Payment resolves and releases any EAJA fee claims arising from this action | Stipulation is a compromise and not an admission of liability | Payment constitutes a complete release of EAJA claims covered by the stipulation; counsel may still seek § 406(b) fees subject to the EAJA savings clause |
Key Cases Cited
- Astrue v. Ratliff, 560 U.S. 586 (2010) (EAJA fees are payable to the prevailing party and may be subject to Treasury offset before an assignment to counsel can be honored)