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

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 FRESNO DIVISION 10 11 Case No. 1:22-cv-00361-EPG 12 DONICA SANTOS, 13 Plaintiff, STIPULATION FOR THE AWARD AND PAYMENT OF ATTORNEY FEES AND 14 v. EXPENSES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d), 15 KILOLO KIJAKAZI, A ND COSTS PURSUANT TO 28 U.S.C. § 1920 Acting Commissioner of Social Security, (ECF No. 29) 16 Defendant. 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 and expenses 21 in the amount $7,130.81 (SEVEN THOUSAND ONE HUNDRED dollars EIGHT-ONE cents) 22 under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and zero costs under 28 U.S.C. 23 § 1920. This amount represents compensation for all legal services rendered on behalf of Plaintiff 24 by counsel in connection with this civil action, in accordance with 28 U.S.C. §§ 1920; 2412(d). 25 After the Court issues an order for EAJA fees to Plaintiff, the government will consider the 26 matter of Plaintiff’s assignment of EAJA fees to counsel, if any. Pursuant to Astrue v. Ratliff, 560 27 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor any assignment will 28 1 depend on whether the fees are subject to any offset allowed under the United States Department 2 of the Treasury’s Offset Program. After the order for EAJA fees is entered, the government will 3 determine whether they are subject to any offset. 4 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 5 that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees, 6 expenses and costs to be made directly to counsel, pursuant to the assignment executed by Plaintiff. 7 Any payments made shall be delivered to counsel. 8 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 9 attorney fees and does not constitute an admission of liability on the part of Defendant under the 10 EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, and 11 bar to, any and all claims that Plaintiff and/or counsel including counsel’s firm may have relating 12 to EAJA attorney fees in connection with this action. 13 This award is without prejudice to the rights of counsel and/or counsel’s firm to seek Social 14 Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the 15 EAJA. 16 DATE: June 2, 2023 /s/ Jared Thomas Walker 17 JARED THOMAS WALKER 18 Law Office of Jared T. Walker, PC Attorney for Plaintiff 19 *Authorized via e-mail on June 1, 2023 20 PHILLIP A. TALBERT United States Attorney 21 MATHEW W. PILE Associate General Counsel 22 Office of Program Litigation, Office 7 Social Security Administration 23 24 By /s/ Elizabeth Landgraf 25 ELIZABETH LANDGRAF Special Assistant United States Attorney 26 Attorneys for Defendant 27 28 1 ORDER 2 Based upon the parties’ Stipulation for the Award and Payment of Equal Access to 3 | Justice Act Fees, Costs, and Expenses (ECF No. 29), IT IS ORDERED that fees in the amount of 4 | $7,130.81 as authorized by 28 U.S.C. § 2412, and zero costs under 28 U.S.C. § 1920, be awarded 5 | subject to the terms of the Stipulation. Further, in light of the Stipulation, the Clerk of Court is 6 directed to terminate Plaintiff's motion for attorney fees (ECF No. 25) as moot. IT IS SO ORDERED. 8 g | Dated: _ June 5, 2023 [spe ey □□ UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28