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

1 Melissa Newel (#148563) NEWEL LAW 2 2625 Alcatraz Ave., Suite 132 Berkeley, CA 94705 3 (510) 316-3827 4 mnewel@newellawfirm.com Attorney for Plaintiff 5 BRIDGETTE REBECCA SYKES 6 PHILLIP A. TALBERT 7 Acting United States Attorney DEBORAH LEE STACHEL 8 Regional Chief Counsel, Region IX CASPAR CHAN (#294804) 9 Social Security Administration Assistant United States Attorney 10 160 Spear Street, Suite 800 11 San Francisco, CA 94105 (415) 977-8961 12 caspar.chan@ssa.gov Attorneys for Defendant 13 14 UNITED STATES DISTRICT COURT 15 EASTERN DISTRICT OF CALIFORNIA 16 17 BRIDGETTE REBECCA SYKES, No. 1:20-cv-00268-SKO 18 Plaintiff, STIPULATION AND ORDER FOR AWARD AND PAYMENT OF 19 v. ATTORNEYS FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT (28 20 KILOLO KIJAKAZI, U.S.C. §2412(d)) ACTING COMMISSIONER OF 21 SOCIAL SECURITY1, (Doc. 21) 22 Defendant. 23 24 25 26 27 1 Pursuant to Fed. R. Civ. Pro. 25(d)(1) and 42. U.S.C. §405(g), Kilolo Kijakazi, Acting Commissioner of Social Security, is hereby substituted as the defendant in the above-captioned 28 action. 1 IT IS HEREBY STIPULATED by and between the parties, through their undersigned 2 attorneys, subject to the approval of the Court, that Bridgette Rebecca Sykes (“Plaintiff”) be 3 awarded attorney fees under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. §2412 (d), in 4 the amount of eight thousand four hundred and eighty-three dollars ($8,483). This represents 5 compensation for legal services rendered on behalf of Plaintiff by counsel in connection with this 6 civil action, in accordance with 28 U.S.C. §2412 (d). 7 After the Court issues an Order for EAJA fees to Plaintiff, the government will consider 8 the matter of Plaintiff’s assignment of EAJA fees to Plaintiff’s attorney. Pursuant to Astrue v. 9 Ratliff, 560 U.S. 586, 598 (2010), the ability to honor the assignment will depend on whether the 10 attorney fees are subject to any offset allowed under the United States Department of the 11 Treasury’s Offset Program. After the Order for EAJA fees is entered, the government will 12 determine whether they are subject to any offset. 13 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 14 that Plaintiff does not owe a federal debt subject to offset, then the government shall cause the 15 payment of fees approved to be made payable to Melissa Newel or Newel Law (collectively 16 “Plaintiff’s counsel”), pursuant to the assignment executed by Plaintiff. Any and all payments 17 made shall be delivered to Plaintiff’s 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 EAJA. Payment of the agreed amount shall constitute a complete release from, and bar to, any 21 and all claims that Plaintiff and/or Plaintiff’s counsel may have relating to EAJA attorney fees 22 and expenses in connection with this action. 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 1 This award is without prejudice to the rights of Plaintiff’s counsel to seek Social Security 2 Act attorney fees under 42 U.S.C. §406(b), subject to the provisions of the EAJA. 3 Respectfully submitted, 4 Dated: August 30, 2021 NEWEL LAW 5 6 By: Melissa Newel 7 Melissa Newel Attorney for Plaintiff 8 BRIDGETTE REBECCA SYKES 9 10 Dated: August 30, 2021 PHILLIP A. TALBERT Acting United States Attorney 11 DEBORAH LEE STACHEL Regional Chief Counsel, Region IX 12 Social Security Administration 13 By: Caspar Chan* 14 CASPAR CHAN (*Authorized by email dated 08/30/2021) 15 Special Assistant U.S. Attorney Attorneys for Defendant 16 17 18 ORDER 19 Based upon the parties’ above “Stipulation for Award and Payment of Attorneys Fees 20 Pursuant to the Equal Access to Justice Act (28 U.S.C. §2412(d))” (the “Stipulation”) (Doc. 21), 21 IT IS HEREBY ORDERED that attorney fees in the amount of eight thousand four hundred and 22 eighty-three dollars ($8,483) be awarded subject to the terms of the Stipulation. 23 IT IS SO ORDERED. 24 25 Dated: August 31, 2021 /s/ Sheila K. Oberto . UNITED STATES MAGISTRATE JUDGE 26 27 28