California Case Summaries

John Joseph Dausner v. Commissioner of Social Security — Court approves $10,000 EAJA attorney-fee award by stipulation

Unreported / Non-Citable

Case
John Joseph Dausner v. Commissioner of Social Security
Court
U.S. District Court — Eastern District of California
Judge
Sheila K. Oberto
Date decided
2026-10-19
Docket No.
1:26-cv-02183
Topics
Equal Access to Justice Act, attorney fees, Social Security appeal, stipulated fee award, 28 U.S.C. § 2412(d), Treasury offset, 42 U.S.C. § 406(b) fees preserved

Disposition notice

On October 16, 2026, Magistrate Judge Sheila K. Oberto of the U.S. District Court for the Eastern District of California approved the parties' stipulation and unopposed motion awarding plaintiff John Joseph Dausner $10,000.00 in attorney fees and expenses under the Equal Access to Justice Act, 28 U.S.C. § 2412(d), with no costs under 28 U.S.C. § 1920. The stipulation provides that fees are payable to Dausner, but if the Treasury Department determines he owes no federal debt, payment will be made directly to his counsel pursuant to an assignment, consistent with Astrue v. Ratliff, 560 U.S. 586 (2010). The award is a compromise settlement, not an admission of liability, and is without prejudice to counsel's right to seek Social Security Act fees under 42 U.S.C. § 406(b), subject to the EAJA savings clause.

Read the public order

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