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

1 || HARVEY P. SACKETT (72488) 2 □□□ □□□ T AND ASSOCIATES 3 A PROFESSIONAL LAW CORP. 4 ||548 Market Street, Suite 38822 San Francisco, California 94104-5401 5 || Telephone: (408) 295-7755 Facsimile: (408) 295-7444 6 || Email: hps@sackettlaw.com 7 || Attorney for Plaintiff 8 || HPS/as 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 1] SACRAMENTO DIVISION 12 ||TAYA J. MILLER, ) Case No.: 2:22-cv-00798-JDP 13 Plaintiff, ) STIPULATION AND PROPOSED} 14 ORDER FOR THE AWARD AND v. ) PAYMENT OF ATTORNEY FEES 15 ) PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 16. || KILOLO KUAKAZL USC. § 24104) Acting Commissioner of Social Security, ) 17 ) 12 Defendant. 19 20 On September 25, 2023, this Court issued an order reversing the final decision of the >] Defendant, Kilolo Kijakazi, the Acting Commissioner of Social Security (Commissioner), with a remand a rehearing, 42 U.S.C. § 405(g) (sentence four); judgment was entered. 23 In the interest of administrative and judicial economy, the parties have agreed to stipulate that an award of FOUR THOUSAND SIX HUNDRED DOLLARS AND ZERO CENTS 5 ($4,600.00) in attorney fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), %6 is reasonable. This award is without prejudice to Plaintiff's right to seek attorney’s fees under 7 section 206(b) of the Social Security Act, 42 U.S.C. § 406(b), subject to the offset provisions of 28 KETT LAW CORP. STIPULATION AND fPROPOSEBDTFORDER FOR THE AWARD AND PAYMENT OF ATTORNEY Street, Suite 38822 |] FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d) 1 || the EAJA. However, this award shall constitute a complete release from and bar to any claims 2 || Plaintiff may have relating to EAJA fees and costs. Further, such award shall not be used as 3 precedent in any future cases, nor be construed as a concession by the Commissioner that the 4 original administrative decision denying benefits to Plaintiff was not substantially justified. 5 After the Court issues an order for EAJA fees to Plaintiff, the Government will consider 6 || the matter of Plaintiff's assignment of EAJA fees to Harvey P. Sackett (“Counsel”). Pursuant to 7 || Astrue v. Ratliff, 560 U.S. 586 (2010), the ability to honor an assignment will depend on whether 8 || the fees are subject to any offset allowed under the United States Department of the Treasury’s 9 || Offset Program. After the order for EAJA is entered, the Government will determine whether 10 they are subject to offset. Fees shall be made payable to Plaintiff, but if the Department of 1 Treasury determines Plaintiff does not owe a federal debt, then the Government shall cause the 12 payment of fees, expenses, and costs to be made payable directly to Counsel, pursuant to the 13 assignment executed by Plaintiff. Any payments made shall be delivered and made payable to 14 |! Counsel. 15 Accordingly, Defendant agrees to pay Plaintiff $4,600.00 in attorney’s fees. 16 All parties whose signature lines appear in this document have consented to its filing. 17 || This award is without prejudice to the rights of Sackett and Associates and/or Harvey P. Sackett 18 |! to seek Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause 19 provisions of the EAJA. 20 21 Wi 22 WV /i/ 23 24 WN 25 26 27 28 ° LAW CORP. STIPULATION AND fPROPOSEBDTFORDER FOR THE AWARD AND PAYMENT OF ATTORNEY Street, Suite 38822 |] FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d) 1 || Dated: November 13, 2023 SACKETT AND ASSOCIATES 2 By: /s/ HARVEY P. SACKETT 3 HARVEY P. SACKETT Attorney for Plaintiff 4 TAYA J. MILLER 5 Dated: November 15, 2023 PHILLIP A. TALBERT 6 United States Attorney 7 By: /s/NOAH SCHABACKER 8 NOAH SCHABACKER Special Assistant United States Attorney 9 Attorney for Defendant [*As authorized by email on 11/13/23] 10 11 ORDER 12 SO ORDERED. 13 14 ||Dated: _ November 15, 2023 | JEREMY D. PETERSON I5 UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 KETT LAW CORP. STIPULATION AND fPROPOSEBDTFORDER FOR THE AWARD AND PAYMENT OF ATTORNEY Street, Suite 38822 |] FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT, 28 U.S.C. § 2412(d)