(SS) Lee 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 CRISHNA LEE, ) Case No. 2:22-cv-00068-JDP 11 ) Plaintiff, ) STIPULATION FOR THE AWARD 12 ) AND PAYMENT OF ATTORNEY 13 v. ) FEES AND EXPENSES PURSUANT ) TO THE EQUAL ACCESS TO 14 KILOLO KIJAKAZI, ) JUSTICE ACT, 28 U.S.C. § 2412(d), 15 Acting Commissioner of Social ) AND COSTS PURSUANT TO 16 Security, ) 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 CRISHNA LEE be 22 awarded attorney fees and expenses in the amount of SEVEN THOUSAND 23 FIVE HUNDRED DOLLARS AND ZERO CENTS ($7500.00) 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 CRISHNA LEE, the 2 government will consider the matter of CRISHNA LEE assignment of EAJA fees 3 to Betty Herrera. Pursuant to Astrue v. Ratliff, 560 U.S. 586, 598 (2010), the 4 ability to honor the assignment will depend on whether the fees are subject to any 5 offset allowed under the United States Department of the Treasury’s Offset 6 Program. After the order for EAJA fees is entered, the government will 7 determine whether they are subject to any offset. 8 Fees shall be made payable to CRISHNA LEE, but if the Department of 9 the Treasury determines that CRISHNA LEE does not owe a federal debt, then 10 the government shall cause the payment of fees, expenses and costs to be made 11 directly to Betty Herrera, United Disability Lawyers Group, pursuant to the 12 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 CRISHNA LEE and/or Betty Herrera including United Disability Lawyers Group 19 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: June 29, 2023 UNITED DISABILITY 25 26 By: /s/ Betty Herrera 27 BETTY HERRERA Attorneys for Plaintiff 28 1 Dated: June 29, 2023 E. MARTIN ESTRADA 2 United States Attorney 3 4 By: /s/ Marcelo N. Illarmo * 5 Marcelo N. Illarmo 6 * By email authorization on 06/29/2023 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 3 UNITED STATES DISTRICT COURT 4 EASTERN DISTRICT OF CALIFORNIA 6 || CHRISNA LEE, ) Case No. 2:22-cv-00068-JDP (SS) ) Plaintiff, ) PROPOSED} ORDER AWARDIN 8 ) EAJA FEES 9 V. ) 10 ) KILOLO KIJAKAZI, ) 11 || Acting Commissioner of Social ) D Security, 13 Defendant. ) 14 ) ) 16 Based upon the parties’ Stipulation for the Award and Payment of Equal 17 I! Access to Justice Act Fees, Costs, and Expenses: 18 IT IS ORDERED that fees and expenses in the amount of SEVEN 19 | THOUSAND FIVE HUNDRED DOLLARS AND ZERO CENTS ($7500.00) as 20 authorized by 28 U.S.C. § 2412, and costs in the amount of $0.00 as authorized by 1198 U.S.C. § 1920, be awarded subject to the terms of the Stipulation. 22 23 □□ □□ IS SO ORDERED. 24 _ 45 ||Dated: _ July 10, 2023 ¢_-—— JEREMY D. PETERSON 26 UNITED STATES MAGISTRATE JUDGE 27 28