(SS) Del Corso v. Commissioner of Social Security ( 2022 )

PHILLIP A. TALBERT 1 United States Attorney 2 MATHEW W. PILE, WSBN 32245 Associate General Counsel 3 Office of Program Litigation, Office 7 Social Security Administration 4 ELLINOR R. CODER, CA 258258 5 Special Assistant United States Attorney 160 Spear Street, Suite 800 6 San Francisco, California 94105 Telephone: (510) 970-4814 7 Facsimile: (415) 744-0134 8 E-Mail: Ellinor.Coder@ssa.gov Attorneys for Defendant 9 10 UNITED STATES DISTRICT COURT 11 EASTERN DISTRICT OF CALIFORNIA 12 FRESNO DIVISION 13 14 15 JULIE DEL CORSO, ) CIVIL NO. 2:20-cv-01099-AC (SS) ) 16 Plaintiff, ) STIPULATION FOR THE AWARD AND v. ) PAYMENT OF ATTORNEY FEES AND 17 ) EXPENSES PURSUANT TO THE EQUAL KILOLO KIJAKAZI, ) ACCESS TO JUSTICE ACT, 28 U.S.C. 18 Acting Commissioner of Social Security, ) § 2412(d), AND COSTS PURSUANT TO 28 ) U.S.C. § 1920; [PROPOSED] ORDER 19 Defendant. ) ) 20 ) 21 22 WHEREAS Plaintiff filed a Motion for Attorneys Fees and Expenses Under the Equal 23 Access to Justice Act (“Motion,” Doc. 25) seeking an order for $8,116.29 in fees and costs in the 24 amount of $400.00; 25 WHEREAS the parties have met and conferred and agreed to resolve Plaintiff’s motion 26 by stipulation; 27 WHEREAS Plaintiff agrees to withdraw as moot her Motion; 28 1 IT IS HEREBY STIPULATED by and between the parties through their undersigned 2 counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees and 3 expenses in the amount $7,000.00 (SEVEN THOUSAND dollars and NO cents) under the Equal 4 Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and costs in the amount of $400.00 (FOUR 5 HUNDRED dollars and NO cents) under 28 U.S.C. § 1920. This amount represents 6 compensation for all legal services rendered on behalf of Plaintiff by counsel in connection with 7 this civil action, in accordance with 28 U.S.C. §§ 1920; 2412(d). 8 After the Court issues an order for EAJA fees to Plaintiff, the government will consider 9 the matter of Plaintiff’s assignment of EAJA fees to counsel (Doc. 25-2). Pursuant to Astrue v. 10 Ratliff, 560 U.S. 586, 598 (2010), the ability to honor any assignment will depend on whether the 11 fees are subject to any offset allowed under the United States Department of the Treasury’s 12 Offset Program. After the order for EAJA fees is entered, the government will determine 13 whether they are subject to any offset. 14 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 15 that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees, 16 expenses and costs to be made directly to counsel, pursuant to the assignment executed by 17 Plaintiff. Any payments made shall be delivered to counsel. 18 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 19 attorney fees, and does not constitute an admission of liability on the part of Defendant under the 20 EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, and 21 bar to, any and all claims that Plaintiff and/or counsel including counsel’s firm may have relating 22 to EAJA attorney fees or costs in connection with this action. 23 This award is without prejudice to the rights of counsel and/or counsel’s firm to seek 24 Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause 25 provisions of the EAJA. 26 27 Dated: October 11, 2022 /s/ Kelsey Mackenzie Brown* KELSEY MACKENZIE BROWN 28 1 Attorney for Plaintiff * Authorized via e-mail on Oct. 11, 2022 PHILLIP A. TALBERT 3 United States Attorney 4 MATHEW W. PILE Associate General Counsel 5 Social Security Administration 6 By: /s/ Ellinor R. Coder 7 ELLINOR R. CODER Special Assistant United States Attorney 8 Attorneys for Defendant 10 1] 12 13 14 15 16 [PROPOSED] ORDER 17 Based upon the parties’ Stipulation for the Award and Payment of Equal Access to 18 Justice Act Fees, Costs, and Expenses, IT IS ORDERED that fees and expenses in the amount 19 of $7,000.00 as authorized by 28 U.S.C. § 2412, and costs in the amount of $400.00 as 99 || authorized by 28 U.S.C. § 1920, be awarded subject to the terms of the Stipulation. □□□□□□□□□□□ 91 || motion filed on September 15, 2022 is denied as moot. 22 93 || DATED: October 11, 2022 ~ Athen LNap—e 24 ALLISON CLAIRE 35 UNITED STATES MAGISTRATE JUDGE 26 27 28