(SS) Williams v. Commissioner of Social Security ( 2022 )

1 JPa.Ore.d B Woxa l1k7e7r 7(S B#269029) 2 Orangevale, CA 95662 T: (916) 476-5044 3 F: (916) 476-5064 jared@jwalker.law 4 5 Attorney for Plaintiff, TREMAYNE WILLIAMS 6 7 IN THE UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 TREMAYNE WILLIAMS, Case No.: 2:22-cv-00122-AC 10 Plaintiff, STIPULATION AND PROPOSED ORDER 11 v. FOR THE AWARD OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS TO 12 KILOLO KIJAKAZI, JUSTICE ACT, 28 U.S.C. § 2412 Acting Commissioner of the Social Security 13 Administration, 14 Defendant. 15 16 IT IS HEREBY STIPULATED by and between the parties through their undersigned 17 counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees in the above- 18 entitled action in the amount of $980.00 under the Equal Access to Justice Act (EAJA), 28 U.S.C. 19 § 2412(d). This amount represents compensation for all legal services and expenses incurred on 20 behalf of Plaintiff by counsel in connection with this civil action. 21 Upon the Court’s issuance of an order granting EAJA fees to Plaintiff, the government will 22 determine the issue of Plaintiff’s assignment of EAJA fees to Plaintiff’s attorney. Pursuant to Astrue 23 v. Ratliff, 560 U.S. 586, 597-598 (2010), the ability to honor the assignment will depend on if the 24 fees are subject to any offset allowed under the United States Department of the Treasury’s Offset 25 Program. After the order for EAJA fees is entered, the government will determine whether they are 26 subject to any offset. 27 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 28 that Plaintiff does not owe a federal debt, then the government will cause the payment of fees to be 1 made directly to Plaintiff’s attorney, LAW OFFICE OF JARED T. WALKER, P.C., pursuant to the 2 assignment executed by Plaintiff. Any payments made to Plaintiff will be delivered to JARED T. 3 WALKER. 4 This stipulation constitutes a settlement of Plaintiff’s request for EAJA attorney fees and 5 does not constitute an admission of liability on the part of defendant under the EAJA or otherwise. 6 Payment of the agreed amount will constitute a complete release from, and bar to, any and all claims 7 that Plaintiff and/or Plaintiff’s attorney, including LAW OFFICE OF JARED T. WALKER, P.C., 8 may have relating to EAJA attorney fees in connection with this action. 9 This award is without prejudice to the rights of Plaintiff’s counsel to seek Social Security 10 attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA. 11 Dated: September 12, 2022 Respectfully submitted, 12 /s/ Jared Walker JARED T. WALKER, 13 Attorney for Plaintiff 14 SO STIPULATED: 15 PHILLIP A. TALBERT United States Attorney 16 PETER THOMPSON Regional Chief Counsel, Region IX 17 Social Security Administration 18 By: /s/ *Marla Letellier, Esq. on behalf of Ellinor Coder 19 ELLINOR R. CODER (*authorized by e-mail on 9/12/2022) 20 Special Assistant United States Attorney 21 Attorneys for Defendant 22 23 24 25 26 27 28 1 ORDER 2 Based upon the parties’ Stipulation for Award of Attorney Fees pursuant to the Equal Access 3 || to Justice Act (EAJA), 4 IT IS ORDERED that Plaintiff is awarded $980.00 under 28 U.S.C. § 2412(d), inclusive of 5 || all amounts claimed under the EAJA, subject to and in accordance with the terms of the parties’ 6 || foregoing Stipulation. 7 || Dated: September 26, 2022 ~ g Hthren— Lhor—e_ ALLISON CLAIRE 9 UNITED STATES MAGISTRATE JUDGE 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3- GANDIT ATTIART ARITA DDADACENADHLD LAD