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

1 SHELLIE LOTT, SBN: 246202 Lott Law Offices, A Professional Law Corporation 2 5250 Claremont Avenue, Suite 241 Stockton, California 95207 3 Telephone: (209) 948-9384 4 Facsimile: (209) 948-0706 5 Attorney for Plaintiff 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 ANITA KOURY, Case No.: 1:20-cv-01417-EPG 11 Plaintiff, 12 vs. STIPULATION AND ORDER FOR THE AWARD OF ATTORNEY FEES 13 PURSUANT TO THE EQUAL ACCESS TO KILOLO KAJIKAZI, JUSTICE ACT, 28 U.S.C. § 2412(d) 14 Acting Commissioner of Social Security, 15 Defendant (ECF No. 24) 16 17 18 IT IS HEREBY STIPULATED by and between the parties through their undersigned 19 counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees under the 20 21 EAJA in the amount of TWO-THOUSAND TWO-HUNDRED SIXTEEN and TWENTY-SIX 22 cents ($2,216.26). This amount represents compensation for all legal services rendered on behalf 23 of Plaintiff, to date, by counsel in connection with this civil action, in accordance with 28 U.S.C. 24 § 2412. 25 After the Court issues an order for EAJA fees and expenses to Plaintiff, the government 26 will consider the matter of Plaintiff's assignment of EAJA fees and expenses to Plaintiff's 27 28 1 attorney. Pursuant to Astrue v. Ratliff, 130 S.Ct. 2521 (2010), the ability to honor the 2 assignment will depend on whether the fees and expenses are subject to any offset allowed under 3 the United States Department of the Treasury's Offset Program. After the order for EAJA fees 4 and expenses is entered, the government will determine whether they are subject to any offset. 5 Fees and expenses shall be made payable to Plaintiff, but if the Department of the Treasury 6 determines that Plaintiff does not owe a federal debt, then the government shall cause the 7 8 payment of fees, expenses and costs to be made directly to Shellie Lott, pursuant to the 9 assignment executed by Plaintiff. Any payments made shall be delivered to Plaintiff's counsel. 10 This stipulation constitutes a compromise settlement of Plaintiff's request for EAJA 11 attorney fees and expenses, and does not constitute an admission of liability on the part of 12 Defendant under the EAJA. Payment of the agreed amount shall constitute a complete release 13 from, and bar to, any and all claims that Plaintiff and/or Plaintiff's counsel may have relating to 14 15 EAJA attorney fees and expenses in connection with this action. 16 This award is without prejudice to the rights of Plaintiff's counsel to seek Social Security 17 Act attorney fees under 42 U.S.C. § 406, subject to the offset provisions of the EAJA. 18 Respectfully submitted, 19 Dated: March 7, 2022 /s/ Shellie Lott 20 SHELLIE LOTT Attorney for Plaintiff 21 22 PHILLIP A. TALBERT Acting United States Attorney 23 DEBORAH L. STACHEL Regional Chief Counsel, Region IX 24 Date: March 7, 2022 /s/ Caspar Chan 25 (As authorized via email on 3/7/22) 26 CASPAR CHAN Special Assistant United States Attorney 27 28 1 ORDER 2 Pursuant to the stipulation of the parties (ECF No. 24), IT IS ORDERED that attorney 3 || fees under EAJA, in the amount of TWO-THOUSAND TWO-HUNDRED SIXTEEN and 4 TWENTY-SIX cents ($2,216.26), are awarded to Plaintiff, subject to the terms of the stipulation. IT IS SO ORDERED. 6 ; || Dated: _Mareh 7, 2022 [sf Sy — UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27