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

1 JPa.Ore.d B Woxa l1k7e7r 7(S B#269029) 2 Orangevale, CA 95662 T: (916) 476-5044 3 F: (916) 476-5064 jared@jwalker.law 4 5 Attorney for Plaintiff, NELLA COFFEY 6 7 IN THE UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 NELLA COFFEY, Case No.: 2:21-cv-01743-AC 10 Plaintiff, STIPULATION AND PROPOSED ORDER 11 v. FOR THE AWARD OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO 12 KILOLO KIJAKAZI, JUSTICE ACT, 28 U.S.C. § 2412 Acting Commissioner of the Social Security 13 Administration, 14 Defendant. 15 16 IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, 17 subject to the approval of the Court, that Plaintiff Nella Coffey be awarded attorney fees and 18 expenses in the amount of FIVE OF THOUSAND FOUR HUNDERED FORTY-NINE DOLLARS 19 ($5,449.00) under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). This amount 20 represents compensation for all legal services rendered on behalf of Plaintiff by counsel in 21 connection with this civil action, in accordance with 28 U.S.C. §§ 1920, 2412(d). 22 After the Court issues an order for EAJA fees to Plaintiff, the government will consider the 23 matter of Plaintiff’s assignment of EAJA fees to Jared T. Walker. Pursuant to Astrue v. Ratliff, 560 24 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor the assignment will 25 depend on whether the fees are subject to any offset allowed under the United States Department of 26 the Treasury’s Offset Program. After the order for EAJA fees is entered, the government will 27 determine whether they are subject to any offset. 28 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines that 1 Plaintiff does not owe a federal debt, then the government shall cause the payment of fees, expenses 2 and costs to be made directly to Jared T. Walker, pursuant to the assignment executed by Plaintiff. 3 Any payments made shall be delivered to counsel, Jared T. Walker. 4 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA attorney 5 fees, and does not constitute an admission of liability on the part of Defendant under the EAJA or 6 otherwise. Payment of the agreed amount shall constitute a complete release from, and bar to, any 7 and all claims that Plaintiff Nella Coffey or Jared T. Walker (including Law Office of Jared T. 8 Walker, PC) may have relating to EAJA attorney fees in connection with this action. 9 This award is without prejudice to the rights of Plaintiff’s counsel Jared Walker to seek Social 10 Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the 11 EAJA. 12 Dated: June 1, 2023 Respectfully submitted, 13 /s/ Jared Walker JARED WALKER, 14 Attorney for Plaintiff 15 SO STIPULATED: 16 PHILLIP A. TALBERT United States Attorney 17 18 By: /s/ *Sarah Moum 19 SARAH MOUM (*authorized by e-mail on 6/02/2023) 20 Special Assistant United States Attorney Attorneys for Defendant 21 22 23 24 25 26 27 28 1 ORDER 2 Based upon the parties’ Stipulation for Award of Attorney Fees pursuant to the Equal Access 3 || to Justice Act (EAJA), 4 IT IS ORDERED that Plaintiff is awarded $5,449.00 under the Equal Access to Justice Act 5 || (EAJA”), 28 U.S.C. § 2412(d), inclusive of all amounts claimed under the EAJA, subject to and in 6 || accordance with the terms of the parties’ foregoing Stipulation. 7 || Dated: June 5, 2023 ~ 8 Chthtenr— LMhane_ ALLISON CLAIRE 9 UNITED STATES MAGISTRATE JUDGE 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3- GANDIT ATTIART ARITA DDADACENADHLD LAD