(SS) Morales v. Commissioner of Social Security
1:22-cv-00230-BAM
E.D. Cal.Jan 5, 2023Background
- Plaintiff Robin Lyn Morales filed a Social Security appeal in the Eastern District of California (Case No. 1:22-cv-00230-BAM).
- Parties filed a stipulation (filed Dec. 30, 2022) resolving Plaintiff’s request for attorney’s fees under the Equal Access to Justice Act (EAJA), replacing Plaintiff’s earlier EAJA motion (Dkt. 16) as moot.
- The stipulation requested EAJA attorney’s fees of $5,906.67 and costs of $402.00, as full compensation for legal services in this action.
- Plaintiff executed an assignment of EAJA fees to Olinsky Law Group; the government reserved the right to determine whether Treasury offset applies per established precedent.
- The court (Magistrate Judge Barbara A. McAuliffe) approved the stipulation and ordered payment: fees $5,906.67 and costs $402.00, and denied the earlier EAJA motion as moot (Jan. 4, 2023).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to EAJA fees and costs | Morales sought EAJA fees ($5,906.67) and costs ($402.00) as reasonable compensation | Government stipulated to award those amounts | Court awarded EAJA fees $5,906.67 and costs $402.00 and denied the prior EAJA motion as moot |
| Payment to counsel under assignment and Treasury offset | Morales assigned EAJA fees to Olinsky Law Group and waived direct payment to herself | Government must determine if Treasury Offset Program applies before honoring assignment (per precedent) | If Treasury determines no federal debt exists, payment may be made directly to Olinsky Law Group; otherwise fees remain payable to Plaintiff subject to offset and government determination |
Key Cases Cited
- Astrue v. Ratliff, 560 U.S. 586 (2010) (assignment of EAJA fees is subject to Treasury offset rules)
