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

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA FRESNO DIVISION 9 KOUA CHANG, Case No. 1:22-cv-01203-EPG 10 Plaintiff, STIPULATION FOR THE AWARD AND 11 PAYMENT OF ATTORNEY FEES AND 12 v. EXPENSES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT; ORDER 13 KILOLO KIJAKAZI, Acting Commissioner of Social Security, (ECF No. 24) 14 15 Defendant. 16 17 IT IS HEREBY STIPULATED by and between the parties through their undersigned counsel, 18 subject to the approval of the Court, that Plaintiff be awarded attorney fees and expenses in the amount 19 of SIX THOUSAND THREE HUNDRED TWELVE DOLLARS AND 00/100 ($6,312.00) under the 20 Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and costs in the amount of ZERO dollars 21 ($0.00) under 28 U.S.C. §1920. This amount represents compensation for all legal services rendered 22 on behalf of Plaintiff by counsel in connection with this civil action, in accordance with 28 U.S.C. §§ 23 1920, 2412(d). 24 After the Court issues an order for EAJA fees to Plaintiff, the government will consider the 25 26 matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to Astrue v. Ratliff, 560 U.S. 586, 27 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor the assignment will depend on 1 Treasury’s Offset Program. After the order for EAJA fees is entered, the government will determine 2 whether they are subject to any offset. 3 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines that 4 Plaintiff does not owe a federal debt, then the government shall cause the payment of fees, expenses 5 and costs to be made directly to Counsel, pursuant to the assignment executed by Plaintiff. Any 6 payments made shall be delivered and made payable to Plaintiff’s counsel, Jonathan O. Peña. 7 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA attorney 8 fees, and does not constitute an admission of liability on the part of Defendant under the EAJA or 9 otherwise. Payment of the agreed amount shall constitute a complete release from, and bar to, any 10 and all claims that Plaintiff and/or Counsel including Counsel’s firm may have relating to EAJA 11 attorney fees in connection with this action. 12 This award is without prejudice to the rights of Counsel and/or Counsel’s firm to seek Social 13 Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the 14 EAJA. 15 Respectfully submitted, 16 17 Dated: September 1, 2023 /s/ Jonathan O. Peña J ONATHAN O. PEÑA 18 Attorney for Plaintiff 19 Dated: September 1, 2023 PHILLIP A. TALBERT 20 United States Attorney 21 MATHEW W. PILE Associate General Counsel 22 Office of Program Litigation Social Security Administration 23 By: _*_Ellinor R. Coder 24 Ellinor R. Coder 25 Special Assistant U.S. Attorney Attorneys for Defendant 26 (*Permission to use electronic signature obtained via email on September 1, 2023). 27 | ORDER Based upon the parties’ Stipulation for the Award and Payment of Equal Access to Justice Act Fees and Expenses (ECF No. 24), IT IS ORDERED that fees and expenses in the amount of SIX 5 THOUSAND THREE HUNDRED TWELVE DOLLARS AND 00/100 ($6,312.00) as authorized by 6 || the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d) and costs in the amount of ZERO dollars 7 || ($0.00) under 28 U.S.C. § 1920, be awarded subject to the terms of the Stipulation. 8 ? IT IS SO ORDERED. 10 1, || Dated: _September 5, 2023 [le ey — UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3-