(SS) Volos v. Commissioner of Social Security ( 2022 )

1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 SACRAMENTO DIVISION 12 ) 2:20-cv-01639-JDP 13 VLADIMIR VOLOS, ) ) STIPULATION FOR THE AWARD AND 14 Plaintiff, ) PAYMENT OF ATTORNEY FEES AND ) EXPENSES PURSUANT TO THE EQUAL 15 vs. ) ACCESS TO JUSTICE ACT, 28 U.S.C. § KILOLO KIJAKAZI, ) 2412(d) 16 Acting Commissioner of Social Security, ) ) ORDER APPROVING STIPULATION AND 17 Defendant. ) DENYING MOTION FOR FEES AS MOOT ) 18 ) ECF Nos. 28, 29 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 Vladimir Volos [Plaintiff] be awarded 22 attorney fees and expenses in the amount of three thousand dollars ($3,000.00) under the Equal 23 Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). This amount represents compensation for 24 all legal services rendered on behalf of Plaintiff by Jesse S. Kaplan (counsel) in connection with 25 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 Respectfully submitted, 16 Dated: December 27, 2021 /s/ Jesse Kaplan by Chantal R. Jenkins* 17 *As authorized via email on December 27, 2021 Jesse S. Kaplan 18 Attorney for Plaintiff 19 Dated: December 27, 2021 PHILLIP A. TALBERT 20 United States Attorney PETER K. THOMPSON 21 Acting Regional Chief Counsel, Region IX Social Security Administration 22 23 By: /s/ Chantal R. Jenkins 24 CHANTAL R. JENKINS 25 Special Assistant United States Attorney 26 27 28 1 ORDER 2 The parties’ stipulation is approved and so ordered, ECF No. 29. This stipulation renders 3 || plaintiff's motion for attorney fees moot, ECF No. 28, and so that motion is denied. 4 5 IT IS SO ORDERED. 6 ( _ Dated: _ December 29, 2021 Q————. 7 wt D. PETERSON 8 UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28