(SS) (CONSENT) Aljoher v. Commissioner of Social Security ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 SAAD ALJOHER, ) No. 2:19-cv-01247-JDP ) 12 Plaintiff, ) STIPULATION AND ORDER FOR THE 13 ) AWARD AND PAYMENT OF ATTORNEY v. ) FEES AND EXPENSES PURSUANT TO 14 ) THE EQUAL ACCESS TO JUSTICE ACT, NANCY A. BERRYHILL, ) 28 U.S.C. § 2412(d), AND COSTS 15 Acting Commissioner of Social Security, ) PURSUANT TO 28 U.S.C. § 1920 16 ) Defendant. ) ECF Nos. 25, 26 17 ) 18 19 IT IS HEREBY STIPULATED by and between the parties through their undersigned 20 counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees in the 21 amount of six thousand one hundred seventy eight dollars and ninety-two cents ($6,178.92) 22 under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and no costs under 28 23 U.S.C. § 1920. This amount represents compensation for all legal services rendered on behalf 24 of Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C. §§ 25 1920; 2412(d). 26 After the Court issues an order for EAJA fees to Plaintiff, the government will consider 27 the matter of Plaintiff’s assignment of EAJA fees to Jesse Kaplan. Pursuant to Astrue v. 28 Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor the 1 assignment will depend on whether the fees are subject to any offset allowed under the United 2 States Department of the Treasury’s Offset Program. After the order for EAJA fees is entered, 3 the government will determine whether they are subject to any offset. 4 Fees shall be made payable to Plaintiff, but if the Department of the Treasury 5 determines that Plaintiff does not owe a federal debt, then the government shall cause the 6 payment of fees, expenses and costs to be made directly to Jesse Kaplan, pursuant to the 7 assignment executed by Plaintiff. Any payments made shall be delivered to Jesse Kaplan. 8 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 9 attorney fees, and does not constitute an admission of liability on the part of Defendant under 10 the EAJA or otherwise. Payment of the agreed amount shall constitute a complete release 11 from, and bar to, any and all claims that Plaintiff and/or Jesse Kaplan, including his firm, may 12 have relating to EAJA attorney fees in connection with this action. 13 This award is without prejudice to the rights of Jesse Kaplan to seek Social Security 14 Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the 15 EAJA. 16 Respectfully submitted, 17 Dated: June 14, 2021 18 By: /s/ Jesse Kaplan * 19 JESSE KAPLAN 20 * By email authorization on 6/10/21 Attorneys for Plaintiff 21 22 Dated: June 14, 2021 PHILLIP A. TALBERT 23 Acting United States Attorney 24 By: /s/ Marcelo Illarmo 25 MARCELO ILLARMO Special Assistant United States Attorney 26 27 28 1 ORDER 2 Based upon the parties’ Stipulation for the Award and Payment of Equal Access to 3 || Justice Act Fees, Costs, and Expenses, ECF No. 26, plaintiff's motion for fees, ECF No. 25 is 4 || granted. Fees and expenses in the amount of $6,178.92 as authorized by 28 U.S.C. § 2412, and 5 || costs in the amount of $0.00 as authorized by 28 U.S.C. § 1920, are awarded subject to the terms 6 || of the stipulation. 7 8 IT IS SO ORDERED. 9 ( 1 btw — 10 Dated: _ June 21, 2021 Q_-——— JEREMY D. PETERSON 11 UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28