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

1 Jared Walker (SB#269029) P.O. Box 1777 2 Orangevale, CA 95662 T: (916) 476-5044 3 F: (916) 476-5064 jared@jwalker.law 4 5 Attorney for Plaintiff, KATHERINE E. WILLIAMSON 6 7 IN THE UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 KATHERINE E. WILLIAMSON, Case No.: 2:18-cv-02304-KJM-CKD 10 Plaintiff, STIPULATION AND ORDER FOR THE 11 v. AWARD OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE 12 ANDREW M. SAUL, ACT, 28 U.S.C. § 2412(d) Commissioner of the Social Security 13 Administration, 14 Defendant. 15 16 17 IT IS HEREBY STIPULATED by and between the parties through their undersigned 18 counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees and expenses 19 under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), in the total amount of $5,389.70 20 (consisting of $5,368.51 in fees and $21.19 in expenses) under the EAJA, and $400.00 in costs as 21 authorized by 28 U.S.C. § 1920. This amount represents compensation for all legal services and 22 expenses incurred on behalf of Plaintiff by counsel in connection with this civil action. 23 Upon the Court’s issuance of an order granting EAJA fees to Plaintiff, the government will 24 determine the issue of Plaintiff’s assignment of EAJA fees to Plaintiff’s attorney. Pursuant to Astrue 25 v. Ratliff, 560 U.S. 586, 597-598 (2010), the ability to honor the assignment will depend on if the 26 fees are subject to any offset allowed under the United States Department of the Treasury’s Offset 27 Program. After the order for EAJA fees is entered, the government will determine whether they are 28 subject to any offset. 1 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 2 that Plaintiff does not owe a federal debt, then the government will cause the payment of fees to be 3 made directly to Plaintiff’s attorney, LAW OFFICE OF JARED T. WALKER, P.C., pursuant to the 4 assignment executed by Plaintiff. Any payments made to Plaintiff will be delivered to JARED T. 5 WALKER. 6 This stipulation constitutes a settlement of Plaintiff’s request for EAJA attorney fees and 7 does not constitute an admission of liability on the part of defendant under the EAJA or otherwise. 8 Payment of the agreed amount will constitute a complete release from, and bar to, any and all claims 9 that Plaintiff and/or Plaintiff’s attorney, including LAW OFFICE OF JARED T. WALKER, P.C., 10 may have relating to EAJA attorney fees in connection with this action. 11 This award is without prejudice to the rights of Plaintiff’s counsel to seek Social Security 12 attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA. 13 Dated: April 2, 2021 Respectfully submitted, 14 /s/ Jared Walker JARED T. WALKER, 15 Attorney for Plaintiff 16 SO STIPULATED: 17 PHILLIP A. TALBERT Acting United States Attorney 18 DEBORAH LEE STACHEL Regional Chief Counsel, Region IX 19 Social Security Administration 20 By: /s/ *Marcelo N. Illarmo 21 MARCELO N. ILLARMO (*authorized by e-mail on 4/07/2021) 22 Special Assistant United States Attorney 23 Attorneys for Defendant 24 25 26 27 28 1 ORDER 3 Based upon the parties’ Stipulation for Award of Attorney Fees pursuant to the Equal Access 4 |! to Justice Act (EAJA), 5 IT IS ORDERED that EAJA fees and expenses are awarded to plaintiff in the amount of 6 $5,389.70, inclusive of all amounts claimed, subject to and in accordance with the terms of the 7 || parties’ foregoing Stipulation. . AL. pe PF Dated: April 12, 2021 Cie h it Le (g-— CAROLYN K. DELANEY : 10 UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28