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

PHILLIP A. TALBERT 1 United States Attorney 2 DEBORAH LEE STACHEL Regional Chief Counsel, Region IX 3 Social Security Administration ALLISON J. CHEUNG, CSBN 244651 4 Special Assistant United States Attorney 5 160 Spear Street, Suite 800 San Francisco, CA 94105-1545 6 Telephone: (510) 970-4811 Facsimile: (415) 744-0134 7 E-mail: allison.cheung@ssa.gov 8 Attorneys for Defendant 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 FRESNO DIVISION 12 13 ) Case No. 2:20-cv-02065-DMC ISSAC TIETJEN, ) 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 ) § 2412(d) ) 17 KILOLO KIJAKAZI, ) Acting Commissioner of Social Security, ) 18 ) ) 19 Defendant. ) ) 20 ) ) 21 22 IT IS HEREBY STIPULATED by and between the parties through their undersigned 23 counsel, subject to the approval of the Court, that Plaintiff Issac Tietjen be awarded attorney fees 24 and expenses in the amount of eight thousand five hundred dollars and no cents ($8,500.00) 25 under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and no costs under 28 26 U.S.C. § 1920. This amount represents compensation for all legal services rendered on behalf of 27 Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C. §§ 1920; 28 2412(d). 1 After the Court issues an order for EAJA fees to Plaintiff, the government will consider 2 the matter of Plaintiff’s assignment of EAJA fees to Jared T. Walker. Pursuant to Astrue v. 3 4 Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor the 5 assignment will depend on whether the fees are subject to any offset allowed under the United 6 States Department of the Treasury’s Offset Program. After the order for EAJA fees is entered, 7 the government will determine whether they are subject to any offset. 8 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 9 that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees 10 and expenses to be made directly to Jared T. Walker, pursuant to the assignment executed by 11 Plaintiff. Any payments made shall be delivered to Mr. Walker. 12 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 13 attorney fees, and does not constitute an admission of liability on the part of Defendant under the 14 EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, and 15 bar to, any and all claims that Plaintiff and/or Jared T. Walker, including the Law Office of Jared 16 T. Walker, may have relating to EAJA attorney fees in connection with this action. 17 This award is without prejudice to the rights of Mr. Walker or the Law Office of Jared T. 18 Walker to seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings 19 clause provisions of the EAJA. 20 The parties further agree that this stipulation should terminate the motion at Dkt. No. 24. 21 // 22 // 23 24 // 25 // 26 // 27 // 28 // Respectfully submitted, 1 2 Dated: February 2, 2022 3 /s/ Jared T. Walker*_____ (*as authorized via email on February 1, 2022) 4 JARED T. WALKER 5 Attorney for Plaintiff 6 Dated: February 2, 2022 PHILLIP A. TALBERT United States Attorney 7 DEBORAH LEE STACHEL 8 Regional Chief Counsel, Region IX Social Security Administration 9 10 By: /s/ Allison J. Cheung ALLISON J. CHEUNG 11 Special Assistant U.S. Attorney Attorneys for Defendant 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 ORDER 2 3 Pursuant to stipulation, IT IS SO ORDERED. 4 Dated: February 4, 2022 Seo 5 DENNIS M. CO 6 UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Stip. for Atty Fees; 2:20-cv-02065-DMC