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

1 Melissa Newel (#148563) NEWEL LAW 2 2625 Alcatraz Ave., Suite 132 Berkeley, CA 94705 3 (510) 316-3827 4 mnewel@newellawfirm.com Attorney for Plaintiff 5 LEROY DILLARD 6 PHILLIP A. TALBERT 7 United States Attorney PETE THOMPSON 8 Acting Regional Chief Counsel, Region IX MARGARET LEHRKIND 9 Social Security Administration Assistant United States Attorney 10 160 Spear Street, Suite 800 11 San Francisco, CA 94105 (510) 970-4829 12 margaret.lehrkind@ssa.gov Attorneys for Defendant 13 14 UNITED STATES DISTRICT COURT 15 EASTERN DISTRICT OF CALIFORNIA 16 17 LEROY DILLARD, No. 1:20-CV-01105 (EPG) 18 Plaintiff, 19 v. STIPULATION AND ORDER FOR AWARD AND PAYMENT OF ATTORNEYS FEES 20 KILOLO KIJAKAZI, PURSUANT TO THE EQUAL ACCESS TO COMMISSIONER OF JUSTICE ACT (28 U.S.C. §2412(d)) 21 SOCIAL SECURITY, (ECF No. 30) 22 Defendant. 23 24 25 26 27 28 1 IT IS HEREBY STIPULATED by and between the parties, through their undersigned 2 attorneys, subject to the approval of the Court, that Leroy Dillard (“Plaintiff”) be awarded 3 attorney fees under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. §2412 (d), in the 4 amount of seven thousand one hundred and twenty-one dollars and seventy-nine cents 5 ($7,121.79). This represents compensation for legal services rendered on behalf of Plaintiff by 6 counsel in connection with this civil action, in accordance with 28 U.S.C. §2412 (d). 7 After the Court issues an Order for EAJA fees to Plaintiff, the government will consider 8 the matter of Plaintiff’s assignment of EAJA fees to Plaintiff’s attorney. Pursuant to Astrue v. 9 Ratliff, 560 U.S. 586, 598 (2010), the ability to honor the assignment will depend on whether the 10 attorney fees are subject to any offset allowed under the United States Department of the 11 Treasury’s Offset Program. After the Order for EAJA fees is entered, the government will 12 determine whether they are subject to any offset. 13 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 14 that Plaintiff does not owe a federal debt subject to offset, then the government shall cause the 15 payment of fees approved to be made payable to Melissa Newel or Newel Law (collectively 16 “Plaintiff’s counsel”), pursuant to the assignment executed by Plaintiff. Any and all payments 17 made shall be delivered to Plaintiff’s counsel. 18 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 19 attorney fees and does not constitute an admission of liability on the part of Defendant under 20 EAJA. Payment of the agreed amount shall constitute a complete release from, and bar to, any 21 and all claims that Plaintiff and/or Plaintiff’s counsel may have relating to EAJA attorney fees 22 and expenses in connection with this action. 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 1 This award is without prejudice to the rights of Plaintiff's counsel to seek Social Security 2 | Act attorney fees under 42 U.S.C. $406(b), subject to the provisions of the EAJA. 3 4 Respectfully submitted, 5 Dated: February 14, 2022 NEWEL LAW 6 By: Melissa Newel 7 Melissa Newel Attorney for Plaintiff 8 LEROY DILLARD 9 10 Dated: February 14, 2022 PHILLIP A. TALBERT United States Attorney 1 PETE THOMPSON Acting Regional Chief Counsel, Region IX 12 Social Security Administration 13 By: Margaret Lehrkind* 14 MARGARET LEHRKIND (*Authorized by email dated 02/14/2022) 15 Special Assistant U.S. Attorney Attorneys for Defendant 16 17 18 ORDER 19 IT IS HEREBY ORDERED that, based on the parties’ stipulation (ECF No. 30) and Equal 20 | Access to Justice Act, 28 U.S.C. §2412(d), attorney fees in the amount of seven thousand one 21 | hundred and twenty-one dollars and seventy-nine cents ($7,121.79) shall be awarded subject to 22 . . the terms of the stipulation. 23 24 IT IS SO ORDERED. 26 | Dated: _ February 15, 2022 [sf hey UNITED STATES MAGISTRATE JUDGE 28