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

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ) GREGORY MALVEAUX, ) CIVIL NO. 2:18-cv-01952-DMC 12 ) Plaintiff, ) STIPULATION AND ORDER FOR THE ) 13 vs. ) AWARD AND PAYMENT OF 14 ) ATTORNEY FEES PURSUANT TO KILOLO KIJAKAZI, ) THE EQUAL ACCESS TO JUSTICE 15 Acting Commissioner, Social Security ) ) ACT, 28 U.S.C. § 2412(d) Administration, ) 16 ) Defendant. ) 17 18 IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, 19 subject to the approval of the Court that Plaintiff be awarded attorneys’ fees in the amount of $13,000.00 20 21 under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). This amount represents compensation 22 for all legal services rendered on behalf of Plaintiff by counsel in connection with this civil action, 23 including the appellate proceedings in Ninth Circuit Case No. 20-17334. This award shall constitute a 24 complete release from and bar to any claims Plaintiff may have relating to EAJA fees, expenses and costs 25 related to this case including the appeal. This stipulation constitutes a compromise settlement of Plaintiff’s 26 27 28 Stipulation for EAJA Fees, 2:18-cv-01952-DMC 1 1 request for EAJA attorney fees and does not constitute an admission of liability on the part of Defendant 2 under the EAJA or otherwise. 3 After the Court issues an order for EAJA fees to Plaintiff, the Government will consider the matter 4 of Plaintiff’s assignment of EAJA fees to Jesse S. Kaplan. Pursuant to Astrue v. Ratliff, 560 U.S. 586 5 (2010), the ability to honor an assignment will depend on whether the fees are subject to any offset allowed 6 7 under the United States Department of the Treasury’s Offset Program. After the order for EAJA is entered, 8 the Government will determine whether the fees are subject to offset. Fees shall be made payable to 9 Plaintiff, but if the Department of Treasury determines Plaintiff does not owe a federal debt, then the 10 Government shall cause the payment of fees, expenses, and costs to be made payable directly to Mr. 11 Kaplan, pursuant to the assignment executed by Plaintiff. Any payments made shall be delivered to Mr. 12 13 Kaplan. 14 This award is without prejudice to the rights of counsel to seek Social Security Act attorney fees 15 under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA. All parties whose 16 signature lines appear in this document have consented, through their attorneys, to its filing. 17 PHILLIP A. TALBERT 18 United States Attorney March 14, 2023, By: /s/Elizabeth Firer 19 ELIZABETH FIRER 20 Special Assistant United States Attorney Attorneys for Defendant 21 22 March 14, 2023, By: /s/Jesse S. Kaplan* 23 JESSE S. KAPLAN Attorney for Plaintiff 24 [*signature authorized via email 3/14/2023] 25 /// 26 /// 27 28 Stipulation for EAJA Fees, 2:18-cv-01952-DMC 2 1 5 ORDER 3 4 || Pursuant to Stipulation, IT IS SO ORDERED. 5 6 Dated: March 22, 2023 Seo | DENNIS M. CO 93 UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Stipulation for EAJA Fees, 2:18-cv-01952-DMC