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

PHILLIP A. TALBERT 1 United States Attorney 2 PETER K. THOMPSON, HI 5890 Acting Regional Chief Counsel, Region IX 3 Social Security Administration ELLINOR R. CODER, CA 258258 4 Special Assistant United States Attorney 5 160 Spear Street, Suite 800 San Francisco, California 94105 6 Telephone: (510) 970-4814 E-Mail: Ellinor.Coder@ssa.gov 7 Attorneys for Defendant 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ) Case No.: 1:21-cv-00144-EPG RODNEY N. BLALOCK, ) 12 ) ORDER RE: STIPULATION FOR THE Plaintiff, ) AWARD AND PAYMENT OF ATTORNEY 13 ) FEES AND EXPENSES PURSUANT TO vs. ) THE EQUAL ACCESS TO JUSTICE ACT, 14 KILOLO KIJAKAZI, ) 28 U.S.C. § 2412(d), AND COSTS Acting Commissioner of Social Security, ) PURSUANT TO 28 U.S.C. § 1920 15 ) ) 16 Defendant. ) ) 17 18 IT IS HEREBY STIPULATED by and between the parties through their undersigned 19 counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees and 20 expenses in the amount $5,500.00 (Five Thousand, Five Hundred dollars and 00/00) under the 21 Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and no costs under 28 U.S.C. § 1920. 22 This amount represents compensation for all legal services rendered on behalf of Plaintiff by 23 counsel in connection with this civil action, in accordance with 28 U.S.C. §§ 1920; 2412(d). 24 After the Court issues an order for EAJA fees to Plaintiff, the government will consider 25 the matter of Plaintiff’s assignment of EAJA fees to counsel, if any. Pursuant to Astrue v. Ratliff, 26 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor any assignment 27 will depend on whether the fees are subject to any offset allowed under the United States 28 1 Department of the Treasury’s Offset Program. After the order for EAJA fees is entered, the 2 government will determine whether they are subject to any offset. 3 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 4 that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees, 5 expenses and costs to be made directly to counsel, pursuant to the assignment executed by 6 Plaintiff. Any payments made shall be delivered to counsel. 7 This stipulation constitutes a compromise settlement of Plaintiff request for EAJA 8 attorney fees, and does not constitute an admission of liability on the part of Defendant under the 9 EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, and 10 bar to, any and all claims that Plaintiff and/or counsel including counsel’s firm may have relating 11 to EAJA attorney fees or costs in connection with this action. 12 This award is without prejudice to the rights of counsel and/or counsel’s firm to seek 13 Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause 14 provisions of the EAJA. 15 Respectfully submitted, 16 Dated: August 19, 2022 /s/ Jonathan O. Peña* 17 JONATHAN O. PEÑA Attorney for Plaintiff 18 (*signature authorized via e-mail Aug. 19, 2022) 19 Dated: August 22, 2022 PHILLIP A. TALBERT 20 United States Attorney PETER K. THOMPSON 21 Acting Regional Chief Counsel, Region IX Social Security Administration 22 23 By: /s/ Ellinor R. Coder 24 ELLINOR R. CODER 25 Special Assistant U.S. Attorney Attorneys for Defendant 26 27 28 1 ORDER 2 Based upon the parties’ stipulation, IT IS ORDERED that fees and expenses in the 3 || amount of $5,500.00 as authorized by the Equal Access to Justice Act, 28 U.S.C. § 2412(d), and 4 costs as authorized by 28 U.S.C. § 1920, be awarded subject to the terms of the stipulation. 5 || Further, the Court vacates all pending deadlines related to the motion for attorney fees (ECF 6 || Nos. 27, 28). Given the parties’ stipulation, the Clerk of Court is respectfully directed to 7 || terminate as pending Plaintiff's motion for attorney fees (ECF No. 27). 8 9 IT IS SO ORDERED. 10 || Dated: _ August 22, 2022 [Jee ey — 11 UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EAJA Stip.; 1:21-cv-00144-EPG