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

1 LEGAL SERVICES OF NORTHERN CALIFORNIA Jennifer Anders-Gable, CSBN 285204 2 505 12th Street Sacramento, CA 95814 3 Telephone: (916) 551-2150 4 E-Mail: janders@lsnc.net Attorneys for Plaintiff 5 6 PHILLIP A. TALBERT 7 United States Attorney MATHEW W. PILE, WSBA No. 32245 8 Associate General Counsel Social Security Administration 9 ANDREA BANKS, CSBN 275286 Special Assistant United States Attorney 10 Social Security Administration 11 Office of the General Counsel 6401 Security Boulevard 12 Baltimore, MD 21235 Telephone: (510) 970-4803 13 E-Mail: andrea.banks@ssa.gov Attorneys for Defendant 14 15 UNITED STATES DISTRICT COURT 16 EASTERN DISTRICT OF CALIFORNIA 17 18 BILLIE DOAN, No. 2:22-cv-00084-JDP 19 Plaintiff, 20 v. STIPULATION AND [PROPOSED] ORDER FOR AWARD OF ATTORNEYS 21 KILOLO KIJAKAZI, FEES PURSUANT TO THE EQUAL ACTING COMMISSIONER OF ACCESS TO JUSTICE ACT 22 SOCIAL SECURITY, 23 Defendant. 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 Billie Doan (“Plaintiff”) be awarded attorney 3 fees under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. §2412 (d), in the amount of 4 nineteen thousand and five hundred dollars ($19,500.00), and zero dollars in ($0) costs. This 5 amount represents compensation for legal services rendered on behalf of Plaintiff by counsel in 6 connection with this civil action, in accordance with 28 U.S.C. §2412 (d) and 28 U.S.C. §1920. 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 Plaintiff’s counsel, Legal Services of Northern 16 California, pursuant to the assignment executed by Plaintiff. Payments may be made by check. 17 Any and all payments 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 provisions of the EAJA. 25 // 26 // 27 // 28 // 1} / 2 Respectfully submitted, 3 | Dated: December 4, 2023 4 By: fer Anders-Gable JENNIFER ANDERS-GABLE 5 Attorney(s) for Plaintiff 6 Dated: December 1, 2023 PHILLIP A. TALBERT 7 United States Attorney 8 By: Andrea Banks 9 ANDREA BANKS 10 (*Authorized by email dated 12/01/23) Attorneys for Defendant 11 12 13 ORDER 14 5 IT IS HEREBY ORDERED that, pursuant to the Equal Access to Justice Act, 28 U.S.C. 16 §2412(d), attorney fees in the amount of nineteen thousand and five hundred dollars ($19,500.00), 7 and zero dollars ($0) in costs, be awarded subject to the terms of the Stipulation. 18 IT IS SO ORDERED. 19 / 20 | Dated: __December 5, 2023 Q_—— JEREMY D. PETERSON UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 28