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

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 NOAH SCHABACKER, Maryland Bar 5 Special Assistant United States Attorney 6401 Security Boulevard 6 Baltimore, Maryland 21235 Telephone: (303) 844-6232 7 E-Mail: Noah.Schabacker@ssa.gov 8 Attorneys for Defendant 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 ) Case No.: 2:22-cv-01438-KJN 12 VARTENI OSTONI, ) ) STIPULATION FOR THE AWARD AND 13 Plaintiff, ) PAYMENT OF ATTORNEY FEES AND ) EXPENSES PURSUANT TO THE EQUAL 14 vs. ) ACCESS TO JUSTICE ACT; ORDER KILOLO KIJAKAZI, ) 15 Acting Commissioner of Social Security, ) ) 16 ) Defendant. ) 17 ) 18 19 IT IS HEREBY STIPULATED by and between the parties through their undersigned 20 counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees and 21 expenses in the amount of $6,700.00, under the Equal Access to Justice Act (EAJA), 28 U.S.C. 22 § 2412(d), and no costs under 28 U.S.C. § 1920. This amount represents compensation for all 23 legal services rendered on behalf of Plaintiff by counsel in connection with this civil action, in 24 accordance with 28 U.S.C. §§ 2412(d), 1920. 25 After the Court issues an order for EAJA fees to Plaintiff, the government will consider 26 the matter of Plaintiff’s assignment of EAJA fees to counsel. Pursuant to Astrue v. Ratliff, 560 27 U.S. 586, 598, 130 S. Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor the assignment will 28 depend on whether the fees are subject to any offset allowed under the United States Department 1 of the Treasury’s Offset Program. After the order for EAJA fees is entered, the government will 2 determine whether they are subject to any offset. 3 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 4 that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees to 5 be made directly to Plaintiff’s counsel, Jesse S. Kaplan, pursuant to the assignment executed by 6 Plaintiff. 7 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 8 attorney fees and does not constitute an admission of liability on the part of Defendant under the 9 EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, and 10 bar to, any and all claims that Plaintiff and/or Jesse S. Kaplan may have relating to EAJA 11 attorney fees in connection with this action. 12 This award is without prejudice to the rights of Jesse S. Kaplan to seek Social Security 13 Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA. 14 15 Respectfully submitted, 16 Dated: October 20, 2023 /s/ Jesse S. Kaplan* 17 (*as authorized via e-mail on October 19, 2023) JESSE S. KAPLAN 18 Attorney for Plaintiff 19 Dated: October 20, 2023 PHILLIP A. TALBERT 20 United States Attorney MATHEW W. PILE 21 Associate General Counsel Social Security Administration 22 23 By: /s/ Noah Schabacker NOAH SCHABACKER 24 Special Assistant U.S. Attorney 25 Attorneys for Defendant 26 27 28 1 ORDER 2 Based upon the parties’ Stipulation for the Award and Payment of Equal Access to 3 || Justice Act Fees and Expenses, IT IS ORDERED that fees and expenses in the amount of 4 || $6,700.00 as authorized by 28 U.S.C. § 2412, and no costs under 28 U.S.C. § 1920, be awarded 5 || subject to the terms of the Stipulation. 6 || Dated: October 23, 2023 Foci) Aharon 8 KENDALL 9 UNITED STATES MAGISTRATE JUDGE 10 || osto.1438 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Stip. for EAJA Fees.; 2:22-CV-01438-KJIN