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

1 Melissa Newel (CA 148563) NEWEL LAW 2 2625 Alcatraz Ave., Suite 132 Berkeley, CA 94705 3 (510) 316-3827 4 mnewel@newellawfirm.com Attorney for Plaintiff 5 SARAH AMY FARAH WADE 6 PHILLIP A. TALBERT 7 United States Attorney MATHEW W. PILE 8 Associate General Counsel Office of Program Litigation, Office 7 9 Social Security Administration OSCAR GONZALEZ 10 Special Assistant United States Attorney 11 160 Spear Street, Suite 800 San Francisco, CA 94105 12 (510) 970-4818 oscar.gonzalez@ssa.gov 13 Attorneys for Defendant 14 UNITED STATES DISTRICT COURT 15 EASTERN DISTRICT OF CALIFORNIA 16 17 SARAH AMY FARAH WADE, No. 1:22-CV-00752 (BAM) 18 Plaintiff, 19 v. STIPULATION AND [PROPOSED] 20 ORDER FOR AWARD AND PAYMENT KILOLO KIJAKAZI, OF ATTORNEYS FEES AND COSTS 21 ACTING COMMISSIONER OF PURSUANT TO THE EQUAL ACCESS TO SOCIAL SECURITY, JUSTICE ACT (28 U.S.C. §§2412(d)) 22 Defendant. 23 24 25 26 27 28 1 IT IS HEREBY STIPULATED by and between the parties, through their undersigned 2 attorneys, subject to the approval of the Court, that Sarah Amy Farah Wade (“Plaintiff”) be 3 awarded attorney fees under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. §2412 (d), in 4 the amount of four thousand seven hundred and twenty-two dollars and fifty cents ($4,722.50) 5 and associated costs in the amount of four hundred and two dollars and zero cents ($402.00). This 6 represents compensation for legal services rendered on behalf of Plaintiff by counsel in 7 connection with this civil action, in accordance with 28 U.S.C. §2412 (d). 8 After the Court issues an Order for EAJA fees to Plaintiff, the government will consider 9 the matter of Plaintiff’s assignment of EAJA fees to Plaintiff’s attorney. Pursuant to Astrue v. 10 Ratliff, 560 U.S. 586, 598 (2010), the ability to honor the assignment will depend on whether the 11 attorney fees are subject to any offset allowed under the United States Department of the 12 Treasury’s Offset Program. After the Order for EAJA fees is entered, the government will 13 determine whether they are subject to any offset. 14 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 15 that Plaintiff does not owe a federal debt subject to offset, then the government shall cause the 16 payment of fees approved to be made payable to Melissa Newel or Newel Law (collectively 17 “Plaintiff’s counsel”), pursuant to the assignment executed by Plaintiff. Any and all payments 18 made shall be delivered to Plaintiff’s counsel. 19 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 20 attorney fees and does not constitute an admission of liability on the part of Defendant under 21 EAJA. Payment of the agreed amount shall constitute a complete release from, and bar to, any 22 and all claims that Plaintiff and/or Plaintiff’s counsel may have relating to EAJA attorney fees 23 and expenses in connection with this action. 24 /// 25 /// 26 /// 27 /// 28 /// 1 This award is without prejudice to the rights of Plaintiff’s counsel to seek Social Security 2 Act attorney fees under 42 U.S.C. §406(b), subject to the savings clause provisions of the EAJA. 3 Respectfully submitted, 4 Dated: July 10, 2023 NEWEL LAW 5 6 By: Melissa Newel 7 Melissa Newel Attorney for Plaintiff 8 SARAH AMY FARAH WADE 9 10 Dated: July 10, 2023 PHILLIP A. TALBERT United States Attorney 11 MATHEW W. PILE Associate General Counsel 12 Social Security Administration 13 By: Oscar Gonzalez 14 OSCAR GONZALEZ (*Authorized by email dated 07/07/2023) 15 Special Assistant U.S. Attorney Attorneys for Defendant 16 17 18 ORDER 19 Based on the parties’ stipulation, IT IS HEREBY ORDERED that, pursuant to the Equal 20 Access to Justice Act, 28 U.S.C. §2412(d), attorney fees in the amount of four thousand seven 21 hundred twenty-two dollars and fifty cents ($4,722.50) and costs in the amount of four 22 hundred two dollars and zero cents ($402) be awarded subject to the terms of the Stipulation. 23 IT IS SO ORDERED. 24 25 Dated: July 11, 2023 /s/ Barbara A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 26 27 28