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

PHILLIP A. TALBERT 1 United States Attorney 2 MATHEW W. PILE, SBN CA 32245 Associate General Counsel 3 Office of Program Litigation, Office 7 Social Security Administration 4 MARCELO ILLARMO (MABN 670079) 5 Special Assistant United States Attorney Social Security Administration 6 6401 Security Boulevard Baltimore, Maryland 21235 7 Telephone: (510) 970-4822 8 E-Mail: Marcelo.Illarmo@ssa.gov Attorneys for Defendant 9 10 UNITED STATES DISTRICT COURT 11 EASTERN DISTRICT OF CALIFORNIA 12 13 JENNETTE LYNN STANCY, ) CIVIL NO. 2:23-cv-00604-TLN-DMC ) 14 Plaintiff, ) STIPULATION AND ORDER FOR v. ) AWARD OF ATTORNEY FEES UNDER 15 ) THE EQUAL ACCESS TO JUSTICE KILOLO KIJAKAZI, ) ACT (EAJA) 16 Acting Commissioner of Social Security, ) ) 17 Defendant. ) ) 18 ) 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 shall be awarded attorney’s fees and 22 expenses under the Equal Access to Justice Act (EAJA), 28 U.S.C. sec. 2412(d), in the amount 23 of five thousand dollars ($7,500.00) and costs in the amount of four hundred two dollars 24 ($402.00) under 28 U.S.C. § 1920. This amount represents compensation for all legal services 25 rendered on behalf of Plaintiff by counsel in connection with this civil action, in accordance with 26 28 U.S.C. §§ 1920; 2412(d). 27 After the Court issues an order for EAJA fees to Plaintiff, the government will consider 28 the matter of any assignment of EAJA fees by Plaintiff to her counsel Melissa Markos Nyman, (Counsel). Pursuant to Astrue v. Ratliff, 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 1 (2010), the ability to honor the assignment will depend on whether the fees are subject to any 2 offset allowed under the United States Department of the Treasury’s Offset Program. After the 3 order for EAJA fees is entered, the government will determine whether they are subject to any 4 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 an 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 EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, and 11 bar to, any and all claims that Plaintiff and/or Counsel, including his firm, may have relating to 12 EAJA attorney fees in connection with this action. 13 This award is without prejudice to the rights of Counsel to seek Social Security Act 14 attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA . 15 16 17 Dated: December 7, 2023 /s/ Melissa Markos Nyman* 18 MELISSA MARKOS NYMAN Attorney for Plaintiff 19 *Authorized via e-mail on 12/6/23 20 PHILLIP A. TALBERT 21 United States Attorney MATHEW W. PILE 22 Associate General Counsel Social Security Administration 23 24 By: /s/ Marcelo Illarmo MARCELO ILLARMO 25 Special Assistant United States Attorney 26 Attorneys for Defendant 27 28 1 ORDER 5 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 $ 7,500.00 as authorized by 28 U.S.C. § 2412, and costs in the amount of $402.00 as 5 authorized by 28 U.S.C. § 1920, be awarded subject to the terms of the Stipulation. © || DATED: December 7, 2023 ry /) 9 Troy L. Nuhlep ] 10 United States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION FOR ATTORNEY FES