(SS) Romero v. Commissioner of Social Security
1:24-cv-01071
E.D. Cal.Feb 21, 2025Background
- Plaintiff Paul Rene Romero filed a civil action against the Acting Commissioner of Social Security, seeking attorney fees and costs after prevailing in his case.
- The parties stipulated to an award of $7,400.00 in attorney fees under the Equal Access to Justice Act (EAJA) and $405.00 in costs under 28 U.S.C. § 1920.
- The stipulation stated that fees would be payable to the plaintiff or, if there was no federal debt, directly to plaintiff’s counsel, Francesco Benavides, per a signed assignment.
- The stipulation is a compromise settlement and does not admit liability by the defendant.
- The order was approved and signed by the United States Magistrate Judge Sheila K. Oberto.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entitlement to EAJA Attorney Fees and Costs | Fees and costs are justified | No opposition, agreed to stipulation | Stipulated fees and costs ordered |
| Payment Routing (to counsel or plaintiff) | Assignment allows direct to counsel | Subject to Treasury Offset determination | Payment as stipulated, subject to offset |
| Scope of Release | Limited to EAJA fees for this case | Complete bar to further EAJA claims | Payment releases all related EAJA claims |
| Right to Seek Additional Fees (SSA Act) | Retains right under 42 U.S.C. § 406(b) | Not opposed; subject to EAJA's terms | Rights under § 406(b) preserved |
Key Cases Cited
- Astrue v. Ratliff, 560 U.S. 586 (2010) (EAJA fee awards are payable to the litigant and subject to offset for federal debts)