(SS)Foerster v. Commissioner Social Security ( 2023 )

1 SHELLIE LOTT, SBN: 246202 Lott Law Offices, A Professional Law Corporation 2 5250 Claremont Avenue, Suite 241 3 Stockton, California 95207 Telephone: (209) 948-9384 4 Facsimile: (209) 948-0706 5 Attorney for Plaintiff 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 JANE FORESTER Case No.: 2:22-CV-00546-KJN 9 Plaintiff, 10 STIPULATION AND ORDER FOR THE 11 vs. AWARD OF ATTORNEY FEES PURSUANT TO THE EQUAL ACCESS 12 KILOLO KAJIKAZI, TO JUSTICE ACT, 28 U.S.C. § 2412(d) Acting Commissioner of Social Security, 13 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 under the 18 EAJA in the amount of SEVEN THOUSAND FIVE HUNDRED DOLLARS ($7,500.00). This 19 20 amount represents compensation for all legal services rendered on behalf of Plaintiff, to date, by 21 counsel in connection with this civil action, in accordance with 28 U.S.C. § 2412. 22 After the Court issues an order for EAJA fees and expenses to Plaintiff, the government 23 will consider the matter of Plaintiff's assignment of EAJA fees and expenses to Plaintiff's 24 attorney. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521 (2010), the ability to honor the 25 26 assignment will depend on whether the fees and expenses are subject to any offset allowed under 27 the United States Department of the Treasury's Offset Program. After the order for EAJA fees 28 and expenses is entered, the government will determine whether they are subject to any offset. 1 and expenses 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, expenses and costs to be made directly to Shellie Lott, pursuant to the 4 5 assignment executed by Plaintiff. Any payments made shall be delivered to Plaintiffs counsel. 6 This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA 7 || attorney fees and expenses, and does not constitute an admission of liability on the part of 8 Defendant under the EAJA. Payment of the agreed amount shall constitute a complete release 9 from, and bar to, any and all claims that Plaintiff and/or Plaintiff's counsel may have relating to 10 Wl EAJA attorney fees and expenses in connection with this action. 12 This award is without prejudice to the rights of Plaintiff's counsel to seek Social Security 13 || Act attorney fees under 42 U.S.C. § 406, subject to the offset provisions of the EAJA. Respectfully submitted, 15 Dated: March 14, 2023 /s/ Shellie Lott 16 SHELLIE LOTT 7 Attorney for Plaintiff 18 PHILLIP A. TALBERT United States Attorney 19 PETER K. THOMPSON 20 Acting Regional Chief Counsel, Region IX 21 || Date: March 14, 2023 /s/ Marcelo Hlarmo (As authorized via email on 03/10/23) 22 MARCELO ILLARMO 3 Special Assistant United States Attorney 24 35 Pursuant to the stipulation of the parties, IT IS SO ORDERED. Dated: March 14, 2023 27 KENDALL J. WEA UNITED STATES MAGISTRATE JUDGE PAGE 2