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

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 6 Attorney for Plaintiff UNITED STATES DISTRICT COURT 7 8 EASTERN DISTRICT OF CALIFORNIA 9 10 SONIA MUNGUIA, No. 2:22-cv-0541 DB 11 Plaintiff, 12 STIPULATION AND ORDER FOR THE vs. 13 AWARD OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS KILOLO KAJIKAZI, 14 TO JUSTICE ACT, 28 U.S.C. § 2412(d) Acting Commissioner of Social Security, 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 under the 20 EAJA in the amount of Five- thousand three-hundred and thirty-three dollars, and thirty-six cents 21 ($5,333.36). This amount represents compensation for all legal services rendered on behalf of 22 23 Plaintiff, to date, by counsel in connection with this civil action, in accordance with 28 U.S.C. § 24 2412. 25 After the Court issues an order for EAJA fees and expenses to Plaintiff, the government 26 will consider the matter of Plaintiff's assignment of EAJA fees and expenses to Plaintiff's 27 attorney. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521 (2010), the ability to honor the 28 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 6 determines that Plaintiff does not owe a federal debt, then the government shall cause the 7 payment of fees, expenses and costs to be made directly to Shellie Lott, pursuant to the 8 assignment executed by Plaintiff. Any payments made shall be delivered to Plaintiff's counsel. 9 This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA 10 attorney fees and expenses, and does not constitute an admission of liability on the part of 11 12 Defendant under the EAJA. Payment of the agreed amount shall constitute a complete release 13 from, and bar to, any and all claims that Plaintiff and/or Plaintiff's counsel may have relating to 14 EAJA attorney fees and expenses in connection with this action. 15 This award is without prejudice to the rights of Plaintiff's counsel to seek Social Security 16 Act attorney fees under 42 U.S.C. § 406, subject to the offset provisions of the EAJA. 17 18 19 Respectfully submitted, 20 Dated: February 17, 2023 /s/ Shellie Lott 21 SHELLIE LOTT Attorney for Plaintiff 22 PHILLIP A. TALBERT 23 Acting United States Attorney 24 PETER K. THOMPSON Acting Regional Chief Counsel, Region IX 25 Date: February 17, 2023 /s/ Oscar Gonzalez 26 (As authorized via email on 2/15/2023) 27 OSCAR GONZALEZ Special Assistant United States Attorney 28 1 ORDER 2 Pursuant to the stipulation of the parties, IT IS HEREBY ORDERED that attorney fees 3 under EAJA, in the amount of Five- thousand three-hundred and thirty-three dollars, and thirty- 4 six cents ($5,333.36), are awarded to Plaintiff, subject to the terms of the stipulation. 5 6 IT IS SO ORDERED. 7 DATED: February 17, 2023 /s/ DEBORAH BARNES 8 UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28