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

PHILLIP A. TALBERT 1 Acting United States Attorney 2 DEBORAH LEE STACHEL Regional Chief Counsel, Region IX 3 Social Security Administration MARCELO ILLARMO (MABN 670079) 4 Special Assistant United States Attorney 5 160 Spear Street, Suite 800 San Francisco, California 94105 6 Telephone: (510) 970-4822 Facsimile: (415) 744-0134 7 E-Mail: Marcelo.Illarmo@ssa.gov 8 Attorneys for Defendant 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 12 HOANG TRONG LE, ) No. 2:19-cv-00751-DMC ) 13 Plaintiff, ) STIPULATION FOR THE AWARD AND 14 ) PAYMENT OF ATTORNEY FEES AND v. ) EXPENSES PURSUANT TO THE EQUAL 15 ) ACCESS TO JUSTICE ACT, 28 U.S.C. § KILOLO KIJAKAZI, 1 ) 2412(d), AND COSTS PURSUANT TO 16 Commissioner of Social Security, ) 28 U.S.C. § 1920 17 ) Defendant. ) 18 ) 19 20 IT IS HEREBY STIPULATED by and between the parties through their undersigned 21 counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees in the 22 amount of six thousand twenty two dollars and forty five cents ($6,022.45) under the Equal 23 Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and no costs under 28 U.S.C. § 1920. This 24 25 26 1 Kilolo Kijakazi became the Acting Commissioner of Social Security on July 9, 2021. Pursuant 27 to Rule 25(d) of the Federal Rules of Civil Procedure, Kilolo Kijakazi should be substituted, therefore, for Andrew Saul as the defendant in this suit. No further action need be taken to 28 continue this suit by reason of the last sentence of section 205(g) of the Social Security Act, 42 U.S.C. § 405(g). 1 amount represents compensation for all legal services rendered on behalf of Plaintiff by 2 counsel in connection with this civil action, in accordance with 28 U.S.C. §§ 1920; 2412(d). 3 After the Court issues an order for EAJA fees to Plaintiff, the government will consider 4 the matter of Plaintiff’s assignment of EAJA fees to Jesse Kaplan. Pursuant to Astrue v. 5 Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor the 6 assignment will depend on whether the fees are subject to any offset allowed under the United 7 States Department of the Treasury’s Offset Program. After the order for EAJA fees is entered, 8 the government will determine whether they are subject to any offset. 9 Fees shall be made payable to Plaintiff, but if the Department of the Treasury 10 determines that Plaintiff does not owe a federal debt, then the government shall cause the 11 payment of fees, expenses and costs to be made directly to Jesse Kaplan, pursuant to the 12 assignment executed by Plaintiff. Any payments made shall be delivered to Jesse Kaplan. 13 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 14 attorney fees, and does not constitute an admission of liability on the part of Defendant under 15 the EAJA or otherwise. Payment of the agreed amount shall constitute a complete release 16 from, and bar to, any and all claims that Plaintiff and/or Jesse Kaplan, including his firm, may 17 have relating to EAJA attorney fees in connection with this action. 18 This award is without prejudice to the rights of Jesse Kaplan to seek Social Security 19 Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the 20 EAJA. 21 22 23 24 25 26 27 28 1 Respectfully submitted, 2 || Dated: July 13, 2021 3 By: /s/ Jesse Kaplan* 4 JESSE KAPLAN * By email authorization on 7/7/21 5 Attorneys for Plaintiff 6 7 Dated: July13, 2021 PHILLIP A. TALBERT Acting United States Attorney 8 By: /s/Marcelo Illarmo 9 MARCELO ILLARMO 10 Special Assistant United States Attorney 1] 12 13 14 Based upon the parties’ Stipulation for the Award and Payment of Equal Access to 15 Justice Act Fees, Costs, and Expenses, IT IS ORDERED that fees and expenses in the amount 16 of $ 6,022.45 as authorized by 28 U.S.C. § 2412, and costs in the amount of $0.00 as authorized 17 by 28 U.S.C. § 1920, be awarded subject to the terms of the Stipulation. 18 20 DENNIS M. COTA UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 28