(SS) Enriquez 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 SERGIO E. ROJAS ENRIQUEZ 6 PHILLIP A. TALBERT 7 Acting United States Attorney DEBORAH LEE STACHEL 8 Regional Chief Counsel, Region IX MARCELO N. ILLARMO 9 Social Security Administration Assistant United States Attorney 10 160 Spear Street, Suite 800 11 San Francisco, CA 94105 (510) 970-4822 12 marcelo.illarmo@ssa.gov Attorneys for Defendant 13 14 UNITED STATES DISTRICT COURT 15 EASTERN DISTRICT OF CALIFORNIA 16 17 SERGIO E. ROJAS ENRIQUEZ, No. 1:20-CV-01504 (EPG) 18 Plaintiff, 19 v. STIPULATION AND ORDER FOR AWARD AND PAYMENT OF 20 KILOLO KIJAKAZI, ATTORNEYS FEES AND COSTS ACTING COMMISSIONER OF PURSUANT TO THE EQUAL ACCESS TO 21 SOCIAL SECURITY, JUSTICE ACT (28 U.S.C. §2412(d)) AND 28 U.S.C. §1920 22 Defendant. 23 24 25 26 27 28 1 IT IS HEREBY STIPULATED by and between the parties, through their undersigned 2 attorneys, subject to the approval of the Court, that Sergio E. Rojas Enriquez (“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 seven hundred and thirty three dollars and nineteen cents ($733.19), and four 5 hundred dollars ($400) costs, for a total of one thousand and one hundred thirty three dollars and 6 nineteen cents ($1,133.19). This represents compensation for legal services rendered on behalf of 7 Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C. §2412 (d) 8 and 28 U.S.C. §1920. 9 After the Court issues an Order for EAJA fees to Plaintiff, the government will consider 10 the matter of Plaintiff’s assignment of EAJA fees to Plaintiff’s attorney. Pursuant to Astrue v. 11 Ratliff, 560 U.S. 586, 598 (2010), the ability to honor the assignment will depend on whether the 12 attorney fees are subject to any offset allowed under the United States Department of the 13 Treasury’s Offset Program. After the Order for EAJA fees is entered, the government will 14 determine whether they are subject to any offset. 15 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 16 that Plaintiff does not owe a federal debt subject to offset, then the government shall cause the 17 payment of fees approved to be made payable to Melissa Newel or Newel Law (collectively 18 “Plaintiff’s counsel”), pursuant to the assignment executed by Plaintiff. Any and all payments 19 made shall be delivered to Plaintiff’s counsel. 20 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 21 attorney fees and does not constitute an admission of liability on the part of Defendant under 22 EAJA. Payment of the agreed amount shall constitute a complete release from, and bar to, any 23 and all claims that Plaintiff and/or Plaintiff’s counsel may have relating to EAJA attorney fees 24 and expenses in connection with this action. 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: September 23, 2021 NEWEL LAW 5 6 By: Melissa Newel 7 Melissa Newel Attorney for Plaintiff 8 SERGIO E. ROJAS ENRIQUEZ 9 10 Dated: September 28, 2021 PHILLIP A. TALBERT Acting United States Attorney 11 DEBORAH LEE STACHEL Regional Chief Counsel, Region IX 12 Social Security Administration 13 By: Marcelo N. Illarmo* 14 MARCELO N. ILLARMO (*Authorized by email dated 09/28/2021) 15 Special Assistant U.S. Attorney Attorneys for Defendant 16 17 18 19 20 21 22 23 24 25 26 27 28 1 ORDER 2 Based upon the parties’ stipulation (ECF No. 16), IT IS HEREBY ORDERED that, 3 || pursuant to the Equal Access to Justice Act, 28 U.S.C. §2412, attorneys’ fees in the amount of 4 | $733.19 and costs in the amount of $400.00, for a total of $1,133.19, be awarded subject to the 5 | terms of the Stipulation. IT IS SO ORDERED. 7 g | Dated: _ September 29, 2021 [Je hey 9 UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28