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

1 PHILLIP A. TALBERT, Acting United States Attorney 2 PETER K. THOMPSON, Acting Regional Chief Counsel, Region IX 3 Social Security Administration ELIZABETH FIRER, 4 Special Assistant United States Attorney 160 Spear Street, Suite 800 5 San Francisco, California 94105 Telephone: (570) 970-4816 6 E-Mail: Elizabeth.Firer@ssa.gov 7 Attorneys for Defendant 8 Attorneys for DefendanUtN ITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 Attorneys for Defendant 11 ) SALLY RAMOS, ) CIVIL NO. 2:18-cv-00060-DMC 12 ) Plaintiff, ) STIPULATION AND ORDER FOR THE 13 ) vs. ) AWARD AND PAYMENT OF 14 ) ATTORNEY FEES PURSUANT TO KILOLO KIJAKAZI, ) THE EQUAL ACCESS TO JUSTICE 15 Acting Commissioner, Social Security ) ) ACT, 28 U.S.C. § 2412(d) 16 Administration, ) ) 17 Defendant. ) 18 19 On August 11, 2021 the United States Court of Appeals for the Ninth Circuit granted the parties’ 20 Joint Motion to Remand and issued an order remanding Circuit Case No. 20-16394 back to the Defendant, 21 Acting Commissioner of Social Security (Commissioner), for a rehearing pursuant to 42 U.S.C. § 405(g) 22 (sentence four). On August 30, 2021, this Court entered an order and judgment remanding the case 23 consistent with the Circuit court order. 24 In the interest of administrative and judicial economy, the parties, through their undersigned 25 26 attorneys, have agreed to stipulate that Plaintiff be awarded TWO THOUSAND DOLLARS AND ZERO 27 CENTS ($2,000.00) in attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). 28 Stipulation for EAJA Fees, 1:20-cv-00060-DMC 1 1 This amount represents compensation for all legal services rendered on behalf of Plaintiff by counsel in 2 connection with this civil action, including the appellate proceedings in Ninth Circuit Case No. 20-16394. 3 This award shall constitute a complete release from and bar to any claims Plaintiff may have relating to 4 EAJA fees, expenses and costs related to this case and Ninth Circuit Case No. 20-16303. This stipulation 5 6 constitutes a compromise settlement of Plaintiff’s request for EAJA attorney fees and does not constitute 7 an admission of liability on the part of Defendant under the EAJA or otherwise. 8 After the Court issues an order for EAJA fees to Plaintiff, the Government will consider the matter 9 of Plaintiff’s assignment of EAJA fees to Harvey P. Sackett. Pursuant to Astrue v. Ratliff, 560 U.S. 586 10 (2010), the ability to honor an assignment will depend on whether the fees are subject to any offset allowed 11 12 under the United States Department of the Treasury’s Offset Program. After the order for EAJA is entered, 13 the Government will determine whether they are subject to offset. Fees shall be made payable to Plaintiff, 14 but if the Department of Treasury determines Plaintiff does not owe a federal debt, then the Government 15 shall cause the payment of fees, expenses, and costs to be made payable directly to Mr. Sackett, pursuant 16 to the assignment executed by Plaintiff. Any payments made shall be delivered to Mr. Sackett. 17 This award is without prejudice to the rights of Sackett and Associates and/or Harvey P. Sackett 18 19 to seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions 20 of the EAJA. All parties whose signature lines appear in this document have consented, through their 21 attorneys, to its filing. 22 /// 23 /// 24 25 /// 26 /// 27 /// 28 Stipulation for EAJA Fees, 1:20-cv-00060-DMC 2 eee EE IEE OS OSE EEE I EE OE 1 Z PHILLIP A. TALBERT 3 Acting United States Attorney November 9, 2021 By: /s/Elizabeth Firer 4 ELIZABETH FIRER Special Assistant United States Attorney > Attorneys for Defendant 6 7 November 9, 2021 By: /s/Harvey P. Sackett* HARVEY P. SACKETT 8 Sackett and Associates 9 Attorneys for Plaintiff [*signature authorized via email 11/07/2021] 10 11 12 ORDER 13 || Pursuant to Stipulation, IT IS SO ORDERED. 14 || Dated: November 9, 2021 Seo 15 DENNIS M. CO UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 Stipulation for EAJA Fees, 1:20-cv-00060-DMC