California Case Summaries

Monica Abitia v. Frank J. Bisignano, Commissioner of Social Security — Court awards $4,407.38 in EAJA fees and denies the fee motion as moot

Unreported / Non-Citable

Case
Monica Abitia v. Frank J. Bisignano, Commissioner of Social Security
Court
U.S. District Court — Eastern District of California
Judge
Sheila K. Oberto
Date decided
2026-10-15
Docket No.
1:26-cv-02266
Topics
Social Security, Equal Access to Justice Act, attorney fees, stipulated fee award, prevailing party, Treasury Offset Program, fee motion denied as moot

Disposition notice

On October 15, 2026, U.S. Magistrate Judge Sheila K. Oberto of the Eastern District of California ordered that Monica Abitia be awarded $4,407.38 in attorney fees and expenses under the Equal Access to Justice Act, 28 U.S.C. § 2412(d), subject to the parties' stipulation. The court also denied Abitia's October 14, 2026 motion for attorney's fees (Doc. 17) as moot after she withdrew it in the stipulation. The parties agreed that the award carried no costs under 28 U.S.C. § 1920, resolved the EAJA fee request without an admission of liability, and left counsel's ability to seek fees under 42 U.S.C. § 406(b) without prejudice, subject to the EAJA offset provisions. The stipulation states that EAJA fees belong to Abitia and are subject to Treasury offset, with any payment to counsel depending on the conditions it describes. The order did not decide the merits of the underlying Social Security claim.

Read the public order

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