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

PHILLIP A. TALBERT 1 United States Attorney 2 PETER K. THOMPSON Acting 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: (510) 970-4823 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 ) No. 2:19-cv-2557 DB RHIANNON SALAZAR, ) 14 ) STIPULATION AND ORDER FOR THE Plaintiff, ) AWARD AND PAYMENT OF ATTORNEY 15 ) FEES AND EXPENSES PURSUANT TO vs. ) THE EQUAL ACCESS TO JUSTICE ACT, 16 KILOLO KIJAKAZI, ) 28 U.S.C. § 2412(d), Acting 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 Rhiannon Salazar [Plaintiff] be 22 awarded attorney fees and expenses in the amount of eight thousand five hundred dollars 23 ($8,500.00) 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 Jared 25 Walker (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 Respectfully submitted, 16 Dated: December 22, 2021 /s/ Jared Walker by Chantal R. Jenkins* 17 *As authorized via email on December 22, 2021 Jared Walker 18 Attorney for Plaintiff 19 Dated: December 22, 2021 PHILLIP A. TALBERT 20 Acting United States Attorney DEBORAH LEE STACHEL 21 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 Pursuant to the parties’ stipulation, IT IS SO ORDERED.1 3 DATED: January 4, 2022 /s/ DEBORAH BARNES 4 UNITED STATES MAGISTRATE JUDGE 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 In light of the parties’ stipulation, plaintiff’s December 1, 2021 motion for attorney’s fees (ECF No. 20) is denied as having been rendered moot.