(SS) Martinez 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 SACRAMENTO BRANCH 10 LYNDA J. MARTINEZ, Case No.: 2:20-cv-00619-KJN 11 Plaintiff, 12 STIPULATION AND ORDER FOR THE vs. 13 AWARD OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS KILOLO KAJIKAZI, 14 TO JUSTICE ACT, 28 U.S.C. § 2412(d) Acting 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 SEVEN-THOUSAND SIX-HUNDRED dollars ($7,600.00). This 21 amount represents compensation for all legal services rendered on behalf of Plaintiff, to date, by 22 23 counsel in connection with this civil action, in accordance with 28 U.S.C. § 2412. 24 After the Court issues an order for EAJA fees to Plaintiff, the government will consider 25 the matter of Plaintiff's assignment of EAJA fees to Plaintiff's attorney. Pursuant to Astrue v. 26 Ratliff, 130 S.Ct. 2521 (2010), the ability to honor the assignment will depend on whether the 27 fees are subject to any offset allowed under the United States Department of the Treasury's 28 1 Offset Program. After the order for EAJA fees is entered, the government will determine 2 whether they are subject to any offset. 3 Fees shall be made payable to Plaintiff, but if the Department of the Treasury 4 determines that Plaintiff does not owe a federal debt, then the government shall cause the 5 6 payment of fees to be made directly to Shellie Lott, pursuant to the 7 assignment executed by Plaintiff. Any payments made shall be delivered to Plaintiff's counsel. 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 the 10 EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, and 11 12 bar to, any and all claims that Plaintiff and/or Plaintiff's counsel may have relating to EAJA 13 attorney fees in connection with this action. 14 This award is without prejudice to the rights of Plaintiff's counsel to seek Social Security 15 Act attorney fees under 42 U.S.C. § 406, subject to the offset provisions of the EAJA. 16 17 18 Respectfully submitted, 19 Dated: September 29, 2021 /s/ Shellie Lott SHELLIE LOTT 20 Attorney for Plaintiff 21 PHILLIP A. TALBERT 22 Acting United States Attorney DEBORAH L. STACHEL 23 Regional Chief Counsel, Region IX 24 Social Security Administration 25 Date: September 29, 2021 /s/ Henry Chi (As authorized via email on 9/28/21) 26 HENRY CHI 27 Special Assistant United States Attorney 28 1 ORDER 2 Pursuant to the stipulation of the parties, IT IS HEREBY ORDERED that attorney fees 3 under EAJA, in the amount of SEVEN-THOUSAND SIX-HUNDRED dollars ($7,600.00), are 4 5 awarded to Plaintiff, subject to the terms of the stipulation. 6 IT IS SO ORDERED. 7 ||Dated: September 29, 2021 8 Ad 9 KENDALL J. WEA mart.619 UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION AND ORDER FOR THE AWARD OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(D) 2:20-cv-00619-KJIN PAGE 3