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

1 SHELLIE LOTT, SBN: 246202 Lott Law Offices, A Professional Law Corporation 2 5250 Claremont Avenue, Suite 241 3 Stockton, California 95207 Telephone: (209) 948-9384 4 Facsimile: (209) 948-0706 5 Attorney for Plaintiff 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 STACY RENEE TREZONA, Case No.: 1:21-cv-00792-EPG 10 Plaintiff, 11 STIPULATION AND ORDER FOR THE vs. 12 AWARD OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO 13 KILOLO KAJIKAZI, JUSTICE ACT, 28 U.S.C. § 2412(d), AND Acting Commissioner of Social Security, 14 COSTS PURSUANT TO 28 U.S.C. § 1920 15 Defendant. 16 (ECF No. 18). 17 18 19 IT IS HEREBY STIPULATED by and between the parties through their undersigned 20 counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees under the 21 EAJA in the amount of TWO-THOUSAND THREE-HUNDRED NINE dollars and NINETY- 22 TWO cents ($2,309.92) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and 23 FOUR-HUNDRED TWO dollars ($402.00) in costs under 28 U.S.C. § 1920. This amount 24 represents compensation for all legal services rendered on behalf of Plaintiff, to date, by counsel 25 in connection with this civil action, in accordance with 28 U.S.C. §§ 1920; 2412(d). 26 After the Court issues an order for EAJA fees and expenses to Plaintiff, the government 27 will consider the matter of Plaintiff's assignment of EAJA fees and expenses to Plaintiff's 28 attorney. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521 (2010), the ability to honor the 1 assignment will depend on whether the fees and expenses are subject to any offset allowed under 2 the United States Department of the Treasury's Offset Program. After the order for EAJA fees 3 and expenses is entered, the government will determine whether they are subject to any offset. 4 Fees and expenses shall be made payable to Plaintiff, but if the Department of the Treasury 5 determines that Plaintiff does not owe a federal debt, then the government shall cause the 6 payment of fees, expenses and costs to be made directly to Shellie Lott, pursuant to the 7 assignment executed by Plaintiff. Any payments made shall be delivered to Plaintiff's counsel. 8 This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA 9 attorney fees and expenses, and does not constitute an admission of liability on the part of 10 Defendant under the EAJA. Payment of the agreed amount shall constitute a complete release 11 from, and bar to, any and all claims that Plaintiff and/or Plaintiff's counsel may have relating to 12 EAJA attorney fees and expenses in connection with this action. 13 This award is without prejudice to the rights of Plaintiff's counsel to seek Social Security 14 Act attorney fees under 42 U.S.C. § 406, subject to the offset provisions of the EAJA. 15 16 Respectfully submitted, 17 Dated: August 12, 2022 /s/ Shellie Lott SHELLIE LOTT 18 Attorney for Plaintiff 19 PHILLIP A. TALBERT 20 Acting United States Attorney PETER K. THOMPSON 21 Acting Regional Chief Counsel, Region IX 22 Dated: August 12, 2022 /s/ Sarah E. Preston 23 (As authorized via email on 8/9/22) SARAH E. PRESTON 24 Special Assistant United States Attorney 25 26 27 28 I ORDER Pursuant to the stipulation of the parties (ECF No. 18), IT IS HEREBY ORDERED that 3 fees and expenses, in the amount of TWO-THOUSAND THREE-HUNDRED NINE dollars and 4 NINETY-TWO cents ($2,309.92) under the Equal Access to Justice Act (EAJA), 28 U.S.C. > § 2412(d), and FOUR-HUNDRED TWO dollars ($402.00) in costs under 28 U.S.C. § 1920, are 6 awarded to Plaintiff, subject to the terms of the stipulation. IT IS SO ORDERED. Dated: _ August 12, 2022 [spe ey 10 UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28