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

1 Betty Herrera, Esq. (CSBN 242189) UNITED DISABILITY LAWYERS GROUP 2 285 N. Hill Avenue, Suite 100 3 Pasadena, California 91106 4 Direct Line: (401) 400-4276 Office: (888) 425-1666 5 bherrera@uniteddisabilitylawyers.com 6 Attorney for Plaintiff 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 ESTEBAN CAMPOS, ) Case No. 2:22-cv-01752-CKD (SS) 11 ) Plaintiff, ) STIPULATION AND ORDER FOR 12 ) THE AWARD AND PAYMENT OF 13 v. ) ATTORNEY FEES AND EXPENSES ) PURSUANT TO THE EQUAL 14 KILOLO KIJAKAZI, ) ACCESS TO JUSTICE ACT, 28 U.S.C. 15 Acting Commissioner of Social ) § 2412(d), AND COSTS PURSUANT 16 Security, ) TO 28 U.S.C. § 1920 ) 17 Defendant. ) 18 ) ) 19 20 IT IS HEREBY STIPULATED by and between the parties through their 21 undersigned counsel, subject to the approval of the Court, that ESTEBAN 22 CAMPOS be awarded attorney fees and expenses in the amount of EIGHT 23 THOUSAND DOLLARS AND ZERO CENTS ($8000.00) under the Equal 24 Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and costs in the amount of 25 ZERO dollars under 28 U.S.C. § 1920. This amount represents compensation for 26 all legal services rendered on behalf of Plaintiff by counsel in connection with 27 this civil action, in accordance with 28 U.S.C. §§ 1920; 2412(d). 28 1 After the Court issues an order for EAJA fees to ESTEBAN CAMPOS, the 2 government will consider the matter of ESTEBAN CAMPOS assignment of 3 EAJA fees to Betty Herrera. Pursuant to Astrue v. Ratliff, 560 U.S. 586, 598 4 (2010), the ability to honor the assignment will depend on whether the fees are 5 subject to any offset allowed under the United States Department of the 6 Treasury’s Offset Program. After the order for EAJA fees is entered, the 7 government will determine whether they are subject to any offset. 8 Fees shall be made payable to ESTEBAN CAMPOS, but if the Department 9 of the Treasury determines that ESTEBAN CAMPOS does not owe a federal 10 debt, then the government shall cause the payment of fees, expenses and costs to 11 be made directly to Betty Herrera, United Disability Lawyers Group, pursuant to 12 the assignment executed by Plaintiff. Any payments made shall be delivered to 13 Betty Herrera. 14 This stipulation constitutes a compromise settlement of Plaintiff’s request 15 for EAJA attorney fees, and does not constitute an admission of liability on the 16 part of Defendant under the EAJA or otherwise. Payment of the agreed amount 17 shall constitute a complete release from, and bar to, any and all claims that 18 ESTEBAN CAMPOS and/or Betty Herrera including United Disability Lawyers 19 Group may have relating to EAJA attorney fees in connection with this action. 20 This award is without prejudice to the rights of Betty Herrera and/or 21 United Disability Lawyers Group to seek Social Security Act attorney fees under 22 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA. 23 24 Dated: July 3, 2023 UNITED DISABILITY 25 26 By: /s/ Betty Herrera 27 BETTY HERRERA Attorneys for Plaintiff 28 1 Dated: July 3, 2023 E. MARTIN ESTRADA 2 United States Attorney 3 4 By: /s/ Sathya Oum * 5 Sathya Oum 6 * By email authorization on 07/03/2023 Special Assistant United States Attorney 7 Attorneys for Defendant 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 4 UNITED STATES DISTRICT COURT 5 EASTERN DISTRICT OF CALIFORNIA 7 || ESTEBAN CAMPOS, ) Case No. 2:22-cv-01752-CKD (SS) ) 8 Plaintiff, ) ORDER AWARDING EAJA FEES 9 ) 10 Vv. 11 || KILOLO KIJAKAZI, ) D Acting Commissioner of Social ) Security, ) 13 ) 14 Defendant. ) ) 15 ) 16 17 Based upon the parties’ Stipulation for the Award and Payment of Equal 18 || Access to Justice Act Fees, Costs, and Expenses: 19 IT IS ORDERED that: 20 1. The motion for attorney fees (ECF No. 18) is GRANTED; and 21 2. Fees and expenses in the amount of EIGHT THOUSAND HUNDRED 22 DOLLARS AND ZERO CENTS ($8000.00) as authorized by 28 U.S.C. 23 § 2412, and costs in the amount of $0.00 as authorized by 28 U.S.C. § 24 1920, be awarded subject to the terms of the Stipulation. 25 Dated: July 10, 2023 ee Fe Card . Leto 26 AA i, / Le iA . / CAROLYN K. DELANEY 27 UNITED STATES MAGISTRATE JUDGE 28 A!