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

PHILLIP A. TALBERT 1 United States Attorney MATHEW W. PILE 2 Associate General Counsel 3 Office of Program Litigation, Office 7 Office of the General Counsel 4 Social Security Administration MARGARET BRANICK-ABILLA 5 Special Assistant United States Attorney 6 6401 Security Boulevard Baltimore, MD 21235 7 Telephone: (510) 570-4809 Email: Margaret.Branick-Abilla@ssa.gov 8 Attorneys for Defendant 9 10 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 11 12 MARCELLA REARDON, ) Case No. 2:22-cv-01622-CKD ) 13 Plaintiff, ) AMENDED STIPULATION FOR THE 14 ) AWARD AND PAYMENT OF vs. ) ATTORNEY FEES PURSUANT TO THE 15 ) EQUAL ACCESS TO JUSTICE ACT , 28 KILOLO KIJAKAZI, Acting ) U.S.C. § 2412(d), AND COSTS PURSUANT 16 Commissioner of Social Security, ) TO 28 U.S.C. § 1920; ORDER 17 ) Defendant. ) 18 ) ) 19 20 IT IS HEREBY STIPULATED by and between the parties, through their undersigned 21 counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees in the amount 22 of SIX THOUSAND DOLLARS AND ZERO CENTS ($6,000.00) under the Equal Access to 23 Justice Act (EAJA), 28 U.S.C. § 2412(d), and costs in the amount of FOUR HUNDRED AND 24 TWO DOLLARS ($402.00) under 28 U.S.C. § 1920. This amount represents compensation for all 25 legal services rendered on behalf of Plaintiff by counsel in connection with this civil action, in 26 accordance with 28 U.S.C. §§ 1920; 2412(d). 27 28 After the Court issues an order for EAJA fees to Plaintiff, the government will consider the 1 matter of Plaintiff’s assignment of EAJA fees to counsel Betty Herrera, United Disability Lawyers 2 Group (Counsel). Pursuant to Astrue v. Ratliff, 560 U.S. 586, 598 (2010), the ability to honor the 3 assignment will depend on whether the fees are subject to any offset allowed under the United 4 States Department of the Treasury’s Offset Program. After the order for EAJA fees is entered, the 5 government will determine whether they are subject to any offset. 6 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 7 that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees to 8 be made directly to Counsel, pursuant to the assignment executed by Plaintiff. Any payments 9 made shall be delivered to Counsel. 10 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 11 attorney fees, and does not constitute an admission of liability on the part of Defendant under the 12 EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, and 13 bar to, any and all claims that Plaintiff and/or Counsel, including Counsel’s law firm and 14 associates, may have relating to EAJA attorney fees in connection with this action. 15 This award is without prejudice to the rights of counsel to seek Social Security Act 16 attorney fees under 42 U.S.C. § 406(b), subject to the savings clause provisions of the EAJA.in 17 favor of Plaintiff, and against Defendant, reversing the final decision of the Commissioner. 18 19 Respectfully submitted, 20 Dated: June 12, 2023 UNITED DISABILITY LAWYERS GROUP 21 By: /s/ Betty Herrera* 22 BETTY HERRERA Attorneys for Plaintiff 23 [*As authorized by S. Champagne via e-mail on Jul. 12, 2023] 24 Dated: July 13, 2023 PHILLIP A. TALBERT 25 United States Attorney 26 27 //// 28 //// By: /s/ Margaret Branick-Abilla MARGARET BRANICK-ABILLA 2 Special Assistant United States Attorney Attorneys for Defendant 3 4 ORDER 5 ¢ || Pursuant to stipulation, IT IS SO ORDERED. Dated: July 13, 2023 Card Kt | / & ae CAROLYNK.DELANEY SOS UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28