(SS) Raul Andrade v. Commissioner of Social Security
1:20-cv-00714-GSA
E.D. Cal.Jan 14, 2022Background:
- Plaintiff Raul Andrade sued the Acting Commissioner of Social Security in case No. 1:20-cv-00714-GSA.
- Parties stipulated to an EAJA award of $5,700.00 and $0.00 in costs, as compensation for plaintiff's counsel under 28 U.S.C. § 2412(d).
- The stipulation provides that fees will be paid to Plaintiff, but if the Department of the Treasury determines Plaintiff owes no federal debt, payment will be made directly to counsel Jonathan O. Peña pursuant to Plaintiff's assignment.
- The parties acknowledged that any direct payment to counsel is subject to possible offset under the Treasury Offset Program, consistent with Astrue v. Ratliff.
- The stipulation releases further EAJA-fee claims related to this action and preserves counsel’s ability to seek Social Security Act fees under 42 U.S.C. § 406(b).
- Magistrate Judge Gary S. Austin approved the stipulation and ordered the $5,700 EAJA award on January 13, 2022.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement and amount of EAJA fees | Andrade sought $5,700 under EAJA as reasonable fees | Government stipulated to the $5,700 award | Court ordered $5,700 in EAJA fees per the parties' stipulation |
| Payment/assignment and Treasury offset | Fees payable to Plaintiff but assigned to counsel; counsel to be paid directly if no federal debt | Government will honor assignment only if Treasury determines no offset; will apply Offset Program per Astrue | Payment to Plaintiff; direct payment to counsel contingent on Treasury finding no federal debt and subject to offset determination |
Key Cases Cited
- Astrue v. Ratliff, 560 U.S. 586 (2010) (EAJA fee awards may be subject to Treasury Offset; assignment to counsel honored only if no federal debt)