Harrington v. Berryhill
Opinion of the Court
*563The Commissioner of Social Security separately denied benefits to Staci Harrington and Andrew Banks. Both individuals sought judicial review of those decisions. To that end, each separately engaged the services of The de la Torre Law Office LLC, which agreed to represent them in federal court. In exchange, the two plaintiffs assigned to counsel any legal fees to which they might be entitled under the Equal Access to Justice Act ("EAJA"),
But that was not the end of the story. The Treasury Department, which had the responsibility of processing the payments, determined that both litigants had outstanding debts to various government entities. Rather than paying out the fees directly, it reduced the litigants' debts by equal amounts under the Treasury Offset Program,
I. BACKGROUND
Both Harrington and Banks are indigent petitioners who filed claims for Social Security Disability Insurance Benefits and Supplemental Security Income in 2014. In each case, the Commissioner found that the petitioner was not disabled and was therefore not entitled to benefits. Both separately sought judicial review of those determinations in district court, and both engaged The de la Torre Law Office LLC to assist with those suits. Because the plaintiffs had limited means, the attorneys conditioned their representation on their clients' agreement to assign any potential award of attorney fees to the law firm under Indiana law. Both plaintiffs were victorious, and the district courts remanded the cases to the Commissioner for reconsideration.
As in many cases involving Social Security, the parties then successfully petitioned the district courts to award attorney fees under EAJA; Harrington received $11,851.04, and Banks received $11,001. Although the plaintiffs requested that the government make its payments directly to the attorneys rather than to their clients, neither district court ordered the government to do so.
Pursuant to the awards, the Social Security Administration ("SSA") submitted payment vouchers to Treasury under
Harrington subsequently filed a motion under Fed. R. Civ. P. 69. That motion pointed to the assignment of fees under Indiana law and requested that the district court order the government to rescind the administrative offset and pay the full amount of the fee award directly to counsel. The district court, citing both Astrue v. Ratliff ,
Both plaintiffs appealed their cases. They now ask us to do what the district courts would not do: compel the government to reverse Treasury's administrative offsets, reinstate their prior debts, and pay their lawyers.
II. ANALYSIS
We review an order to award attorney fees under EAJA for abuse of discretion. See Sprinkle ,
The shadow of Ratliff looms over this appeal. In that case, the Court held that the plain text of EAJA requires courts to award fees to the "prevailing litigant," not to the litigant's attorney.
That language raises the question of whether an assignment or other contractual claim to the fees might change the calculus. The plaintiff in Ratliff had no such assignment in hand, so the Court did not give the possibility any further thought. In dicta, we observed the following year in Matthews-Sheets that Ratliff "suggests that if there is an assignment, the only ground for the district court's insisting on making the award to the plaintiff is that the plaintiff has debts that may be prior to what she owes her lawyer."
*565The plaintiffs pose it to us directly today. The attorneys in these cases have assignments in hand, which they contend give them priority over any government claim under Indiana law. In addition, they challenge the offsets on the basis of several other theories. First, they contend that even if their assignments do not enable them to take the awards free and clear of the government's claims, their state law attorney's liens do. Second, they attempt to distinguish Ratliff by attacking the offsets on grounds other than EAJA: they argue that Treasury lacked the statutory authority to promulgate the offset regulations; that the offsets violate the equitable Rule of Mutuality; that they violate the Takings Clause of the Fifth Amendment; that they violate the Judgment Setoff Act of 1875; and finally that the offsets violate Article III of the Constitution as an improper executive intrusion into the judicial power to issue judgments.
Because Ratliff did not consider any of these questions, they contend, it does not control here, and we must give the plaintiffs a fresh opportunity to challenge the administrative offsets of attorney fees.
A. The district courts properly awarded attorney fees
Before we reach any of those issues, we must first assess the threshold question of whether the district courts properly awarded fees under EAJA. The statute directs that courts "shall award to a prevailing party other than the United States fees and other expenses ... incurred by that party in any civil action ..., including proceedings for judicial review of agency action ... unless the court finds that the position of the United States was substantially justified." § 2412(d)(1)(A). Both district courts granted the plaintiffs' motions for fees upon request. See Harrington v. Berryhill , No. 2:16-cv-00129-JMS-MJD,
Instead, the plaintiffs contend that the district courts erred by failing to direct the government to render payment directly to the attorneys, as both parties requested in their EAJA petitions and Harrington reiterated in a subsequent Rule 69 motion requesting that the district court order "the Commissioner to pay any EAJA award directly to Plaintiff's counsel" and "[d]eclare that the Government may not execute Plaintiff's EAJA fee judgment through an administrative offset ... against Plaintiff's alleged federal debts." (S.D. Ind. R. 28 at 10; 37 at 2).
There is no question that the district courts and SSA complied with the requirements set forth in the statute. The courts awarded fees to the "prevailing party" as the statute directs, and Ratliff requires that such payment go directly to the litigant rather than to her attorney. See
*566Although the plaintiffs contend that a withholding of payment (and subsequent reduction of debts) is not a "payment" under EAJA, we disagree. The plaintiffs cite to Pam-to-Pee v. United States ,
The economic realities of this transaction confirm that inquiry, as Harrington and Banks have each received more than $11,000 in economic value through a reduction of their outstanding debts. The plaintiffs contend that dicta in United States v. Isthmian Steamship Co. ,
The collateral attacks that plaintiffs' counsel raise on non-EAJA grounds do not affect the fact that the judgments have been executed pursuant to the terms of the statute as interpreted by Ratliff . To the extent that EAJA controls the award and processing of attorney fees, all parties to the present litigation have been satisfied.
B. We decline to exercise ancillary jurisdiction over the remaining claims
But the plaintiffs' attorneys received no such satisfaction. They accurately point out that Ratliff did not address questions of the interaction between EAJA and state law or consider collateral constitutional or statutory attacks to the Treasury Offset Program, and they now ask us to consider those challenges in the first instance. However, several factors caution us against answering those questions today, and we decline to do so.
"Federal courts are courts of limited jurisdiction. They possess only that power authorized by Constitution and statute, which is not to be expanded by judicial decree." Kokkonen v. Guardian Life Ins. Co. of Am. ,
The plaintiffs suggest that, even if we believe their claims do not fall squarely within the scope of our subject matter jurisdiction, we might exercise ancillary jurisdiction to enforce the judgments as they desire. That doctrine "recognizes federal courts' jurisdiction over some matters (otherwise beyond their competence) that are incidental to other matters properly before them." Kokkonen ,
In Kokkonen , the Supreme Court found that the district court had no ancillary jurisdiction to resolve a dispute over compliance with a settlement agreement. After approving the agreement, the district court dismissed the case with prejudice. Later on, a dispute arose between the parties as to their obligations under the settlement agreement. The parties returned to the same district court seeking to resolve that new dispute. The Supreme Court, however, determined that the new issue was essentially an entirely new state law breach of contract claim and that federal courts lacked the power to resolve it.
We have considered the use of ancillary jurisdiction to resolve a dispute over attorney fees in the past. In Baer v. First Options of Chicago, Inc. ,
In sum, the cases seem to make the exercise of ancillary jurisdiction discretionary based on the extent to which the new issues are closely connected to the original dispute, whether there exists some independent basis for jurisdiction over the new claims, and whether the facts suggest it would be prudent to do so. See Baer ,
The claims at issue today are essentially free-standing challenges to the actions of an agency that is not a party to this lawsuit by attorneys who themselves are not the original parties. As the plaintiffs themselves said, "[c]hallenges to EAJA offset ... are challenges to Treasury decision-making." (Appellants' Br. at 22.) The plaintiffs, or rather their attorneys, frame this appeal as a challenge to Treasury's authority to promulgate
A new suit under the Administrative Procedure Act ("APA"),
A separate suit would also alleviate the potential for a conflict of interest between the attorneys, who are the real party in interest in this case (as counsel conceded at oral argument), and the clients whom they claim to represent on appeal. Because victory for the attorneys would necessarily result in the reinstatement of their clients' government debts (and in the case of Banks, recoupment of money already paid to the mother of his child), we hesitate to permit the attorneys to go forward in their clients' names.
We stress that our decision today indicates no opinion on the merits of the various legal theories the plaintiffs have proposed to us. These are important questions that deserve their day in court. In particular, we sympathize with the practical effects that administrative offsets have on the ability of indigent petitioners to bring meritorious lawsuits before federal courts. "[T]he specific purpose of the EAJA is to eliminate for the average person the financial disincentive to challenge unreasonable governmental actions." Comm'r v. Jean ,
III. CONCLUSION
Another court sitting under another statutory grant of jurisdiction may determine that some provision of the Constitution or a statute forbids administrative offsets of EAJA awards. But this case is not a suitable vehicle in which to assess those questions, and we will not do so. The district courts properly granted attorney fees under EAJA, and the government properly applied those fees to the plaintiffs' outstanding debts in accord with Ratliff and the Treasury Offset Program as it currently stands. Those questions form the extent of our jurisdiction on appeal, and we need not exercise ancillary jurisdiction to reach collateral attacks that are better suited for a separate action under the APA. For those reasons, the judgments are AFFIRMED.
We note that Banks did not raise the constitutional arguments in the district court, and that Harrington raised them only briefly in her reply to the motion for summary judgment. These arguments are likely waived, but we need not address that issue because we decline to exercise ancillary jurisdiction to consider them.
We note that there is some confusion between the terms "ancillary jurisdiction" and "supplemental jurisdiction" running through the case law. They seem to be used interchangeably in some circumstances. Supplemental jurisdiction is codified at
Reference
- Full Case Name
- Staci HARRINGTON v. Nancy A. BERRYHILL, Acting Commissioner of Social Security, Andrew Banks v. Nancy A. Berryhill, Acting Commissioner of Social Security
- Cited By
- 113 cases
- Status
- Published