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

PHILLIP A. TALBERT 1 United States Attorney 2 MATTHEW W. PILE, WSBA No. 32245 Associate General Counsel 3 Social Security Administration Office of Program Litigation, Office 7 4 CHRISTOPHER D. VIEIRA, CABN 273781 5 Special Assistant United States Attorney 160 Spear St, Ste 800 6 San Francisco, California 94105 Telephone: (510) 970-4808 7 Facsimile: (415) 744-0134 8 E-Mail: christopher.vieira@ssa.gov 9 Attorneys for Defendant 10 UNITED STATES DISTRICT COURT 11 EASTERN DISTRICT OF CALIFORNIA 12 SACRAMENTO DIVISION 13 ) Case No. 2:20-cv-01469-KJN 14 BRITTANY JEAN PEREZ on behalf of M.T., ) ) STIPULATION FOR THE AWARD AND 15 Plaintiff, ) PAYMENT OF ATTORNEY FEES AND ) EXPENSES PURSUANT TO THE EQUAL 16 vs. ) ACCESS TO JUSTICE ACT, 28 U.S.C. KILOLO KIJAKAZI, ) § 2412(d), AND COSTS PURSUANT TO 28 17 Acting Commissioner of Social Security, ) U.S.C. § 1920; [PROPOSED] ORDER ) 18 ) (ECF No. 23) Defendant. ) 19 ) 20 IT IS HEREBY STIPULATED by and between the parties through their undersigned 21 counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees and 22 expenses in the amount $4,275.00 under the Equal Access to Justice Act (EAJA), 28 U.S.C. 23 § 2412(d), and no costs under 28 U.S.C. § 1920. This amount represents compensation for all 24 legal services rendered on behalf of Plaintiff by counsel in connection with this civil action, in 25 accordance with 28 U.S.C. §§ 1920; 2412(d). 26 After the Court issues an order for EAJA fees to Plaintiff, the government will consider 27 the matter of Plaintiff’s assignment of EAJA fees to counsel, if any. Pursuant to Astrue v. Ratliff, 28 1 560 U.S. 586, 598, 130 S. Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor any assignment 2 will depend on whether the fees are subject to any offset allowed under the United States 3 Department of the Treasury’s Offset Program. After the order for EAJA fees is entered, the 4 government will determine whether they are subject to any offset. 5 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 6 that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees, 7 expenses and costs to be made directly to counsel, pursuant to the assignment executed by 8 Plaintiff. Any payments made shall be delivered to counsel. 9 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 10 attorney fees, and does not constitute an admission of liability on the part of Defendant under the 11 EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, and 12 bar to, any and all claims that Plaintiff and/or counsel including counsel’s firm may have relating 13 to EAJA attorney fees or costs in connection with this action. Given that, the parties agree that 14 Plaintiff’s motion for fees under the EAJA should be withdrawn/denied as moot. 15 This award is without prejudice to the rights of counsel and/or counsel’s firm to seek 16 Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause 17 provisions of the EAJA. Respectfully submitted, 18 19 Date: September 28, 2022 /s/ Jesse S. Kaplan* JESSE S. KAPLAN 20 (as authorized by email on September 28, 2022) Attorney for Plaintiff 21 22 Date: September 28, 2022 PHILLIP A. TALBERT United States Attorney 23 MATTHEW W. PILE, WSBA No. 32245 Associate General Counsel 24 Social Security Administration 25 /s/ Christopher Vieira 26 CHRISTOPHER D. VIEIRA 27 Special Assistant United States Attorney Social Security Administration 28 Attorney for Defendant 1 ORDER 2 Based upon the parties’ Stipulation for the Award and Payment of Equal Access to 3 || Justice Act Fees, Costs, and Expenses, IT IS ORDERED that fees and expenses in the amount 4 || of $4,275.00 as authorized by 28 U.S.C. § 2412, and no costs under 28 U.S.C. § 1920, be 5 || awarded subject to the terms of the Stipulation. 6 Plaintiff's motion for fees under the EAJA (ECF No. 23) is therefore DENIED as moot. 7 8 Dated: September 30, 2022 Aectl Aharon 10 KENDALL J.NE UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EAJA Stip.; No. 2:20-cv-01469-KIN