(SS) Basurto 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 CHANTAL R. JENKINS, PA SBN 307531 4 Special Assistant United States Attorney 5 160 Spear Street, Suite 800 San Francisco, California 94105 6 Telephone: (415) 977-8931 Facsimile: (415) 744-0134 7 E-Mail: Chantal.Jenkins@ssa.gov 8 Attorneys for Defendant 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 SACRAMENTO DIVISION 12 13 ) 2:20-CV-02064-EFB XAVIER BASURTO, ) 14 ) STIPULATION FOR THE AWARD AND Plaintiff, ) PAYMENT OF ATTORNEY FEES AND 15 ) EXPENSES PURSUANT TO THE EQUAL vs. ) ACCESS TO JUSTICE ACT, 28 U.S.C. § 16 ANDREW SAUL, ) 2412(d), Commissioner of Social Security, ) 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 Xavier Basurto [Plaintiff] be awarded 22 attorney fees and expenses in the amount of four hundred fifteen dollars and fifty-six cents 23 ($415.56) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). This amount 24 represents compensation for all legal services rendered on behalf of Plaintiff by counsel Jesse 25 Kaplan (counsel) in connection with this civil action, in accordance with 28 U.S.C. § 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 counsel. Pursuant to Astrue v. Ratliff, 560 28 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor the assignment will 1 depend on whether the fees are subject to any offset allowed under the United States Department 2 of the Treasury’s Offset Program. After the order for EAJA fees is entered, the government will 3 determine whether they are subject to any offset. 4 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 5 that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees, 6 expenses and costs to be made directly to counsel, pursuant to the assignment executed by 7 Plaintiff. Any payments made shall be delivered to 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 bar to, any and all claims that Plaintiff and/or counsel including [counsel’s firm] may have 12 relating to EAJA attorney fees in connection with this action. This award is without prejudice to 13 the rights of counsel to seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject 14 to the savings clause provisions of the EAJA. 15 16 17 Respectfully submitted, 18 Dated: September 30, 2021 /s/ Jesse S. Kaplan by Chantal R. Jenkins* 19 *As authorized via email on September 30, 2021 Jesse S. Kaplan 20 Attorney for Plaintiff ///// 21 22 ///// 23 ///// 24 ///// 25 ///// 26 27 ///// 28 1 Dated: September 30, 2021 PHILLIP A. TALBERT Acting United States Attorney 2 DEBORAH LEE STACHEL Regional Chief Counsel, Region IX 3 Social Security Administration 4 5 By: /s/ Chantal R. Jenkins CHANTAL R. JENKINS 6 Special Assistant United States Attorney 7 8 9 10 ORDER 1] 12 || APPROVED AND SO ORDERED. 13 14 || Dated: October 4, 2021. Z 7 tt 4-—_——__ UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28