(SS) Azevedo v. Commissioner of Social Security ( 2023 )

BARBARA MARIE RIZZO (CSBN 172999) 1 Attorney at Law P. O. Box 383103 2 Waikoloa, HI 96738 Telephone: 808-785-6088 3 Fax: 808-440-0699 E-Mail: mail@fedlaborlaw.com 4 Attorney for Plaintiff Brooke Lynn Azevedo 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 ____________________________________ 9 ) BROOKE LYNN AZEVEDO, ) Case No.: 2:22-CV-01925-MCE-KJN 10 ) Plaintiff, ) 11 ) STIPULATION AND ORDER APPROVING v. ) SETTLEMENT OF ATTORNEY FEES AND 12 ) EXPENSES PURSUANT TO THE EQUAL KILOLO KIJAKAZI, Acting ) ACCESS TO JUSTICE ACT, 13 Commissioner of Social Security, ) 28 U.S.C. §2412(d) Defendant. ) 14 ____________________________________) 15 IT IS HEREBY STIPULATED by and between the parties, through their 16 undersigned counsel, subject to the Court's approval, that Plaintiff be awarded 17 TEN THOUSAND DOLLARS ($10,000.00) in attorney fees and ONE HUNDRED FIFTEEN 18 DOLLARS AND TWENTY-SEVEN CENTS ($115.27) in expenses under the Equal Access to 19 Justice Act ("EAJA"). These amounts represent compensation for legal services 20 rendered on behalf of Plaintiff by counsel in connection with this civil action 21 in accordance with 28 U.S.C. §2412(d). 22 After the Court issues an order awarding EAJA fees and expenses to 23 Plaintiff, the Government will consider the matter of Plaintiff's assignment of 24 EAJA fees and expenses to Plaintiff's attorney. Pursuant to Astrue v. Ratliff, 25 130 S.Ct. 2521 (2010), the ability to honor the assignment will depend on 26 whether the fees are subject to any offset allowed under the United States 27 Department of the Treasury's Offset Program. After the order awarding EAJA 28 fees and expenses is entered, the Government will determine whether the fees are subject to any offset. If the Department of the Treasury determines that 1 Plaintiff does not owe a federal debt, the Government shall cause the payment 2 of fees and expenses to be made directly to Barbara Marie Rizzo, pursuant to 3 the assignment executed by Plaintiff. Any payments made shall be delivered to 4 Plaintiff's counsel. 5 This stipulation constitutes a compromise settlement of Plaintiff's 6 request for EAJA attorney fees and expenses and does not constitute an 7 admission of liability on the part of Defendant under the EAJA. Payment of the 8 agreed amount shall constitute a complete release from, and bar to, any and all 9 claims that Plaintiff and/or Plaintiff's counsel may have relating to EAJA 10 attorney fees and expenses in connection with this action. 11 This award is without prejudice to the rights of Plaintiff's counsel to 12 seek attorney fees pursuant to the Social Security Act, 42 U.S.C. §406(b), 13 subject to the offset provisions of the EAJA. 14 Respectfully submitted, 15 16 Dated: May 23, 2023 “/s/Barbara Marie Rizzo” BARBARA MARIE RIZZO 17 Attorney for Plaintiff 18 Dated: May 23, 2023 "/s/Geralyn Gulseth" 19 GERALYN GULSETH (As authorized via e-mail) 20 Special Assistant United States Attorney Attorney for Defendant 21 Kilolo Kijakazi, Acting Commissioner of Social Security 22 23 24 25 26 27 28 nee enn nee ee IE II OE IEE OS OEE OE UNITED STATES DISTRICT COURT 1 EASTERN DISTRICT OF CALIFORNIA 2 3 4 ) BROOKE LYNN AZEVEDO, ) Case No.: 2:22-CV-01925-MCE-KJN 5 ) Plaintiff, ) ORDER GRANTING 6 ) PARTIES' STIPULATION FOR Vv. ) ATTORNEY FEES AND EXPENSES 7 ) PURSUANT TO THE EQUAL ACCESS ) TO JUSTICE ACT, 28 U.S.C. $2412 □□□ 8 KILOLO KIJAKAZI, Acting ) Commissioner of Social ) 9 Security, ) ) 10 Defendant. ) 11 12 PURSUANT TO STIPULATION, IT IS SO ORDERED that Plaintiff shall be awarded 13 |}attorney fees in the amount of TEN THOUSAND DOLLARS ($10,000.00) and expenses 14 and in the amount of ONE HUNDRED FIFTEEN DOLLARS AND TWENTY-SEVEN CENTS 15 ($115.27), as authorized by 28 U.S.C. §2412(d), subject to the terms of the 16 above referenced Stipulation. 17 IT IS SO ORDERED. 18 |}Dated: June 1, 2023 19 Ke Al Norn 20 KENDALL J. NE 21 UNITED STATES MAGISTRATE JUDGE 22 azev.1925 23 24 25 26 27 28 STIPULATION FOR EAJA FEES, Case No. 2:22-cv-01925-MCE-KJN