(SS) Quist v. Commissioner of Social Security ( 2024 )

1 Melissa Newel (CA 148563) NEWEL LAW 2 2625 Alcatraz Ave., Suite 132 Berkeley, CA 94705 3 (510) 316-3827 4 mnewel@newellawfirm.com Attorney for Plaintiff 5 JANEL RAYANN QUIST 6 PHILLIP A. TALBERT 7 United States Attorney MATHEW W. PILE 8 Associate General Counsel Office of Program Litigation, Office 7 9 Social Security Administration JULIE A.K. CUMMINGS (HI 10635) 10 Special Assistant United States Attorney 11 6401 Security Boulevard Baltimore, MD 21235 12 (410) 966-1551 julie.cummings@ssa.gov 13 Attorneys for Defendant 14 UNITED STATES DISTRICT COURT 15 EASTERN DISTRICT OF CALIFORNIA 16 17 JANEL RAYANN QUIST, No. 1:23-CV-00548-SKO 18 Plaintiff, 19 v. STIPULATION AND UNOPPOSED 20 MOTION FOR THE AWARD AND COMMISSIONER OF 21 SOCIAL SECURITY, PAYMENT OF ATTORNEY FEES AND EXPENSES PURSUANT TO THE EQUAL 22 Defendant. ACCESS TO JUSTICE ACT; ORDER 23 (Doc. 26) 24 25 26 27 28 1 IT IS HEREBY STIPULATED by and between the parties, through their undersigned 2 attorneys, subject to the approval of the Court, that Janel Rayann Quist (“Plaintiff”) be awarded 3 attorney fees under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. §2412 (d), in the 4 amount of seven thousand and eighty-nine dollars and eighteen cents ($7,089.18). This represents 5 compensation for legal services rendered on behalf of Plaintiff by counsel in connection with this 6 civil action, in accordance with 28 U.S.C. §2412 (d). 7 After the Court issues an Order for EAJA fees to Plaintiff, the government will consider 8 the matter of Plaintiff’s assignment of EAJA fees to Plaintiff’s attorney. Pursuant to Astrue v. 9 Ratliff, 560 U.S. 586, 598 (2010), the ability to honor the assignment will depend on whether the 10 attorney fees are subject to any offset allowed under the United States Department of the 11 Treasury’s Offset Program. After the Order for EAJA fees is entered, the government will 12 determine whether they are subject to any offset. 13 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 14 that Plaintiff does not owe a federal debt subject to offset, then the government shall cause the 15 payment of fees approved to be made payable to Melissa Newel or Newel Law (collectively 16 “Plaintiff’s counsel”), pursuant to the assignment executed by Plaintiff. Any and all payments 17 made shall be delivered to Plaintiff’s counsel. 18 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 19 attorney fees and does not constitute an admission of liability on the part of Defendant under 20 EAJA. Payment of the agreed amount shall constitute a complete release from, and bar to, any 21 and all claims that Plaintiff and/or Plaintiff’s counsel may have relating to EAJA attorney fees 22 and expenses in connection with this action. 23 This award is without prejudice to the rights of Plaintiff’s counsel to seek Social Security 24 Act attorney fees under 42 U.S.C. §406(b), subject to the savings clause provisions of the EAJA. 25 26 27 28 1 Respectfully submitted, 2 Dated: January 9, 2024 NEWEL LAW 3 By: Melissa Newel 4 Melissa Newel 5 Attorney for Plaintiff JANEL RAYANN QUIST 6 7 Dated: January 9, 2024 PHILLIP A. TALBERT 8 United States Attorney MATHEW W. PILE 9 Associate General Counsel Social Security Administration 10 By: Julie A. K. Cummings* 11 JULIE A.K. CUMMINGS 12 (*Authorized by email dated 1/9/2024) Special Assistant U.S. Attorney 13 Attorneys for Defendant 14 15 ORDER 16 Based upon the parties’ foregoing Stipulation and Unopposed Motion for the Award and 17 Payment of Equal Access to Justice Act Fees and Expenses (the “Stipulation”) (Doc. 26), IT IS 18 ORDERED that fees and expenses in the amount of seven thousand and eighty-nine dollars 19 20 and eighteen cents ($7,089.18) be awarded subject to the terms of the Stipulation as authorized 21 by the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). 22 23 IT IS SO ORDERED. 24 Dated: January 10, 2024 /s/ Sheila K. Oberto . 25 UNITED STATES MAGISTRATE JUDGE 26 27 28