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

1 SHELLIE LOTT, SBN: 246202 Cerney Kreuze & Lott, LLP 2 42 N. Sutter Street, Suite 400 3 Stockton, California 95202 Telephone: (209) 948-9384 4 Facsimile: (209) 948-0706 5 6 Attorney for Plaintiff UNITED STATES DISTRICT COURT 7 8 EASTERN DISTRICT OF CALIFORNIA 9 FRESNO BRANCH 10 SANDRA L. KEPHART, Case No.: 1:20-cv-00516-BAM 11 Plaintiff, 12 STIPULATION AND ORDER FOR THE vs. 13 AWARD OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS ANDREW SAUL, 14 TO JUSTICE ACT, 28 U.S.C. § 2412(d) Commissioner of Social Security, 15 16 Defendant 17 18 IT IS HEREBY STIPULATED by and between the parties through their undersigned 19 counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees under the 20 EAJA in the amount of TWO-THOUSAND FIVE-HUNDRED NINETY-SEVEN dollars and 21 TWENTY-FIVE cents ($2,597.25). This amount represents compensation for all legal services 22 23 rendered on behalf of Plaintiff, to date, by counsel in connection with this civil action, in 24 accordance with 28 U.S.C. § 2412. 25 After the Court issues an order for EAJA fees and expenses to Plaintiff, the government 26 will consider the matter of Plaintiff's assignment of EAJA fees and expenses to Plaintiff's 27 attorney. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521 (2010), the ability to honor the 28 1 assignment will depend on whether the fees and expenses are subject to any offset allowed under 2 the United States Department of the Treasury's Offset Program. After the order for EAJA fees 3 and expenses is entered, the government will determine whether they are subject to any offset. 4 Fees and expenses shall be made payable to Plaintiff, but if the Department of the Treasury 5 6 determines that Plaintiff does not owe a federal debt, then the government shall cause the 7 payment of fees, expenses and costs to be made directly to Shellie Lott, pursuant to the 8 assignment executed by Plaintiff. Any payments made shall be delivered to Plaintiff's counsel. 9 This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA 10 attorney fees and expenses, and does not constitute an admission of liability on the part of 11 12 Defendant under the EAJA. Payment of the agreed amount shall constitute a complete release 13 from, and bar to, any and all claims that Plaintiff and/or Plaintiff's counsel may have relating to 14 EAJA attorney fees and expenses in connection with this action. 15 This award is without prejudice to the rights of Plaintiff's counsel to seek Social Security 16 Act attorney fees under 42 U.S.C. § 406, subject to the offset provisions of the EAJA. 17 18 19 Respectfully submitted, 20 Dated: April 26, 2021 /s/ Shellie Lott 21 SHELLIE LOTT Attorney for Plaintiff 22 McGREGOR W. SCOTT 23 United States Attorney 24 DEBORAH L. STACHEL Regional Chief Counsel, Region IX 25 Date: April 26, 2021 /s/ Marcelo N. Illarmo 26 (As authorized via email on 4/22/21) 27 MARCELO N. ILLARMO Special Assistant United States Attorney 28 1 SHELLIE LOTT, SBN: 246202 Cerney Kreuze & Lott, LLP 2 42 N. Sutter Street, Suite 400 3 Stockton, California 95202 Telephone: (209) 948-9384 4 Facsimile: (209) 948-0706 5 6 Attorney for Plaintiff UNITED STATES DISTRICT COURT 7 8 EASTERN DISTRICT OF CALIFORNIA 9 FRESNO BRANCH 10 SANDRA L. KEPHART, Case No.: 1:20-cv-00516-BAM 11 Plaintiff, 12 ORDER FOR THE AWARD OF vs. 13 ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 ANDREW SAUL, 14 U.S.C. § 2412(d) Acting Commissioner of Social Security, 15 16 Defendant 17 18 Based upon the parties’ Stipulation for the Award of Attorney Fees Pursuant to the Equal 19 Access to Justice Act, 28 U.S.C. § 2412(d), filed on April 23, 2021 (Doc. No. 23.): 20 IT IS HEREBY ORDERED that attorney fees under EAJA, in the amount of TWO- 21 THOUSAND FIVE-HUNDRED NINETY-SEVEN dollars and TWENTY-FIVE cents 22 ($2,597.25), are awarded to Plaintiff, subject to the terms of the stipulation. 23 IT IS SO ORDERED. 24 25 Dated: April 26, 2021 /s/ Barbara A. McAuliffe _ 26 UNITED STATES MAGISTRATE JUDGE 27 28