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

1 Betty Herrera, Esq. (CSBN 242189) UNITED DISABILITY LAWYERS GROUP 2 285 N. Hill Avenue, Suite 100 3 Pasadena, California 91106 4 Direct Line: (401) 400-4276 Office: (888) 425-1666 5 bherrera@uniteddisabilitylawyers.com 6 Attorney for Plaintiff 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 RICHARD TISDALE, ) No. 2:22-cv-0069 DB 11 ) Plaintiff, ) STIPULATION AND ORDER FOR 12 ) THE AWARD AND PAYMENT OF 13 v. ) ATTORNEY FEES AND EXPENSES ) PURSUANT TO THE EQUAL 14 KILOLO KIJAKAZI, ) ACCESS TO JUSTICE ACT, 28 U.S.C. 15 Acting Commissioner of Social ) § 2412(d), AND COSTS PURSUANT 16 Security, ) TO 28 U.S.C. § 1920 ) 17 Defendant. ) 18 ) ) 19 20 IT IS HEREBY STIPULATED by and between the parties through their 21 undersigned counsel, subject to the approval of the Court, that RICHARD 22 TISDALE be awarded attorney fees and expenses in the amount of EIGHT 23 THOUSAND DOLLARS AND ZERO CENTS ($8000.00) under the Equal 24 Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and costs in the amount of 25 FOUR HUNDRED TWO DOLLARS AND ZERO CENTS ($402.00) under 28 26 U.S.C. § 1920. This amount represents compensation for all legal services 27 rendered on behalf of Plaintiff by counsel in connection with this civil action, in 28 accordance with 28 U.S.C. §§ 1920; 2412(d). 1 After the Court issues an order for EAJA fees to RICHARD TISDALE, the 2 government will consider the matter of RICHARD TISDALE assignment of 3 EAJA fees to Betty Herrera. Pursuant to Astrue v. Ratliff, 560 U.S. 586, 598 4 (2010), the ability to honor the assignment will depend on whether the fees are 5 subject to any offset allowed under the United States Department of the 6 Treasury’s Offset Program. After the order for EAJA fees is entered, the 7 government will determine whether they are subject to any offset. 8 Fees shall be made payable to RICHARD TISDALE, but if the 9 Department of the Treasury determines that RICHARD TISDALE does not owe 10 a federal debt, then the government shall cause the payment of fees, expenses and 11 costs to be made directly to Betty Herrera, United Disability Lawyers Group, 12 pursuant to the assignment executed by Plaintiff. Any payments made shall be 13 delivered to Betty Herrera. 14 This stipulation constitutes a compromise settlement of Plaintiff’s request 15 for EAJA attorney fees, and does not constitute an admission of liability on the 16 part of Defendant under the EAJA or otherwise. Payment of the agreed amount 17 shall constitute a complete release from, and bar to, any and all claims that 18 RICHARD TISDALE and/or Betty Herrera including United Disability Lawyers 19 Group may have relating to EAJA attorney fees in connection with this action. 20 This award is without prejudice to the rights of Betty Herrera and/or 21 United Disability Lawyers Group to seek Social Security Act attorney fees under 22 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA. 23 24 Dated: June 22, 2023 UNITED DISABILITY 25 26 By: /s/ Betty Herrera 27 BETTY HERRERA Attorneys for Plaintiff 28 1 Dated: June 22, 2023 PHILLIP A. TALBERT 2 United States Attorney 3 4 By: s/ Oscar Gonzalez de Llano * OSCAR GONZALEZ DE LLANO 5 * By email authorization on 06/22/2023 6 Special Assistant United States Attorney Attorneys for Defendant 7 8 ORDER 9 Pursuant to the parties’ stipulation, IT IS HEREBY ORDERED that fees and expenses in 10 the amount of EIGHT THOUSAND DOLLARS AND ZERO CENTS ($8000.00) as authorized 11 by 28 U.S.C. § 2412, and costs in the amount of $402.00 as authorized by 28 U.S.C. § 1920, are 12 awarded. 13 DATED: June 28, 2023 /s/ DEBORAH BARNES UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28