(SS) Kapitula v. Commissioner of Social Security ( 2021 )

McGREGOR W. SCOTT 1 United States Attorney 2 DEBORAH LEE STACHEL Regional Chief Counsel, Region IX 3 Social Security Administration ASIM H. MODI, NYSBN 4692018 4 Special Assistant United States Attorney 5 160 Spear Street, Suite 800 San Francisco, CA 94105 6 Telephone: 415-977-8952 Facsimile: 415-744-0134 7 Email: asim.modi@ssa.gov 8 Attorneys for Defendant 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 SACRAMENTO DIVISION 12 ) Case No.: 2:19-cv-00731-EFB 13 FEDOR KAPITULA, ) ) 14 Plaintiff, ) STIPULATION AND [PROPOSED] ) ORDER THE AWARD AND PAYMENT 15 vs. ) OF ATTORNEY FEES AND EXPENSES ) PURSUANT TO THE EQUAL ACCESS 16 ) TO JUSTICE ACT, 28 U.S.C. § 2412(d), ANDREW SAUL, ) AND COSTS PURSUANT TO 28 U.S.C. § 17 Commissioner of Social Security, ) 1920 ) 18 ) Defendant. 19 20 21 22 23 24 25 26 27 28 1 IT IS HEREBY STIPULATED by and between the parties through their undersigned 2 counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees and expenses 3 in the amount of FOUR THOUSAND SEVEN HUNDRED THIRTY-EIGHT dollars and 4 NINETY-FIVE cents ($4,738.95) under the Equal Access to Justice Act (EAJA), 28 U.S.C. 5 § 2412(d) AND FOUR HUNDRED dollars ($400.00) in costs under 28 U.S.C. § 1920. This 6 amount represents compensation for all legal services rendered on behalf of Plaintiff by counsel 7 in connection with this civil action, in accordance with 28 U.S.C. §§ 1920; 2412(d). 8 After the Court issues an order for EAJA fees to Plaintiff, the government will consider 9 the matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to Astrue v. Ratliff, 560 10 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor the assignment will 11 depend on whether the fees are subject to any offset allowed under the United States Department 12 of the Treasury’s Offset Program. After the order for EAJA fees is entered, the government will 13 determine whether they are subject to any offset. 14 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 15 that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees, 16 expenses and costs to be made directly to counsel, pursuant to the assignment executed by 17 Plaintiff. Any payments made shall be delivered to counsel. 18 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 19 attorney fees, and does not constitute an admission of liability on the part of Defendant under 20 the EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, 21 and bar to, any and all claims that Plaintiff and/or counsel including counsel’s firm may have 22 relating to EAJA attorney fees in connection with this action. 23 This award is without prejudice to the rights of counsel to seek Social Security Act 24 attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA. 25 This stipulation also serves as notice that Plaintiff withdraws his Motion for Attorney 26 Fees under the Equal Access to Justice Act (Dkt. 20). 27 28 1 Date: December 31, 2020 JESSE S. KAPLAN 2 By: /s/Asim Modi for Jesse S. Kaplan* JESSE S. KAPLAN 3 *Authorized by email on December 31, 2020 4 Attorneys for Plaintiff 5 Date: December 31, 2020 McGREGOR W. SCOTT 6 United States Attorney 7 DEBORAH LEE STACHEL Regional Chief Counsel, Region IX 8 By: (/s/Asim H. Modi ? ASIM H. MODI 10 Special Assistant United States Attorney Attorneys for Defendant 11 12 13 ORDER 14 APPROVED AND SO ORDERED. The Clerk of Court is directed to terminate ECF No. 15 16 DATED: January 6, 2021. > M / EDMUND F. BRENNAN 18 UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28 Stipulation for EAJA Fees: 2:19-cv-00731-EFB 3