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

HADLEY & FRAULOB 1 A Professional Law Corporation 2 230 Fifth Street Marysville, CA 95901 3 (916) 743-4458 FAX (530) 743-5008 4 5 JOSEPH C. FRAULOB – CA State Bar #194355 Attorney For Plaintiff 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ERIKA ELAINE WINKLE 12 Case No.: 2:22-CV-01828-KJN (SS) Plaintiff, 13 v. STIPULATION FOR AWARD OF EAJA 14 ATTORNEY FEES COMMISSIONER OF SOCIAL SECURITY, 15 Defendant. 16 IT IS HEREBY STIPULATED by the parties, through their undersigned attorneys, and 17 with the approval of the Court as provided below, that Plaintiff be awarded attorney fees under 18 the Equal Access To Justice Act (EAJA) 28 U.S.C. 2412(d), in the amount of nine hundred and 19 sixty-three dollars and thirty cents ($963.30). This amount represents compensation for legal 20 services rendered on behalf of Plaintiff by his counsel in connection with this civil action, in 21 accordance with 28 U.S.C. 2412(d). 22 After the Court issues an order for EAJA fees to Plaintiff, the government will consider 23 the matter of Plaintiff’s assignment of EAJA fees to Plaintiff’s attorney. Pursuant to Astrue v. 24 Ratliff, 130 S. Ct. 2521 (U.S. June 14, 2010), the ability to honor the assignment will depend on 25 whether the fees are subject to any offset allowed under the United States Department of the 26 Treasury’s Offset Program. After the order to EAJA fees is entered, the government will 27 determine if it is subject to any offset. 28 1 Fees and costs shall be made payable to Plaintiff, but if the Department of the Treasury 2 || determines that Plaintiff does not owe a federal debt, then the government shall cause the 3 || payment of fees to be made directly to Plaintiff's counsel Joseph Fraulob, pursuant to the 4 || written assignment executed by Plaintiff. Any and all payments shall be delivered to Plaintiffs 5 || counsel Joseph Fraulob. 6 This stipulation constitutes a compromise settlement of Plaintiffs request for EAJA 7 || attorney fees and does not constitute an admission of liability on the part of Defendant under the 8 |} EAJA. Payment of the agreed amount shall constitute a complete release from, and bar to, any 9 || and all claims that Plaintiff and/or Plaintiff's counsel may have relating to EAJA attorney fees or 10 || costs in connection with this action. 11 12 DATE: March 9, 2023 By /s/ Joseph Fraulob 8 JOSEPH FRAULOB 14 Attorney for plaintiff 15 16 DATE: March 9, 2023 PHILLIP A. TALBERT United States Attorney 17 18 By /s/ Geralyn Gulseth 19 (As authorized via email) 20 GERALYN GULSETH Special Assistant United States Attorney 2 ORDER 3 APPROVED AND SO ORDERED ** || Dated: March 10, 2023 25 —-f’ Al i; Noreen KENDALL I. EK UNITED STATES MAGISTRATE JUDGE 27 . wink.1828 28