California Case Summaries

Kadon Mclaughlin v. Frank J. Bisignano, Commissioner of Social Security — Court Awards $8,000 in EAJA Fees by Stipulation and Denies Fee Motion as Moot

Unreported / Non-Citable

Case
Kadon Mclaughlin v. Frank J. Bisignano, Commissioner of Social Security
Court
U.S. District Court — Eastern District of California
Judge
Sheila K. Oberto
Date decided
2026-11-04
Docket No.
1:25-cv-01315
Topics
Equal Access to Justice Act, attorney fees, Social Security appeal, stipulation, fee award, moot motion

Disposition notice

On November 4, 2026, U.S. Magistrate Judge Sheila K. Oberto of the Eastern District of California approved the parties' stipulation and ordered that fees and expenses in the amount of $8,000.00 be awarded as authorized by the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), subject to the terms of the stipulation. The stipulation reflects that Mclaughlin was the prevailing party in this Social Security case, that his net worth did not exceed $2,000,000 when the action was filed, and that the EAJA fee award belongs to the plaintiff, subject to offset under the Treasury Offset Program, with possible payment to counsel if the Commissioner confirms an assignment and waives the Anti-Assignment Act; the stipulation also provides for zero costs under 28 U.S.C. § 1920, is a compromise settlement rather than an admission of liability, constitutes a complete release of EAJA fee claims, and is without prejudice to counsel seeking fees under 42 U.S.C. § 406(b). Because the stipulation resolved the fee request, the court denied Mclaughlin's October 28, 2026 motion for attorney's fees (Doc. 24) as moot. The order also notes that Frank J. Bisignano became Commissioner of Social Security on May 7, 2025, and is substituted for Leland Dudek under Rule 25(d).

Read the public order

Scroll to Top