(SS) Sargent v. Commissioner of Social Security ( 2022 )

1 Melissa Newel (#148563) NEWEL LAW 2 2625 Alcatraz Ave., Suite 132 Berkeley, CA 94705 3 (510) 316-3827 4 mnewel@newellawfirm.com Attorney for Plaintiff 5 RONALD CODY SARGENT 6 PHILLIP A. TALBERT 7 United States Attorney PETE THOMPSON 8 Acting Regional Chief Counsel, Region IX DANIEL TALBERT 9 Social Security Administration Assistant United States Attorney 10 160 Spear Street, Suite 800 11 San Francisco, CA 94105 (510) 970-4860 12 daniel.talbert@ssa.gov Attorneys for Defendant 13 14 UNITED STATES DISTRICT COURT 15 EASTERN DISTRICT OF CALIFORNIA 16 17 RONALD CODY SARGENT, No. 1:21-CV-00523-SKO 18 Plaintiff, 19 v. STIPULATION AND ORDER FOR AWARD AND PAYMENT OF 20 KILOLO KIJAKAZI, ATTORNEYS FEES PURSUANT TO THE ACTING COMMISSIONER OF EQUAL ACCESS TO JUSTICE ACT (28 21 SOCIAL SECURITY, U.S.C. §2412(d)) 22 Defendant. (Doc. 17) 23 24 25 26 27 28 1 2 IT IS HEREBY STIPULATED by and between the parties, through their undersigned 3 attorneys, subject to the approval of the Court, that Ronald Cody Sargent (“Plaintiff”) be awarded 4 attorney fees under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. §2412 (d), in the 5 amount of five thousand five hundred and sixty-nine dollars and two cents ($5,569.02). 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 This award is without prejudice to the rights of Plaintiff’s counsel to seek Social Security 25 Act attorney fees under 42 U.S.C. §406(b), subject to the provisions of the EAJA. 26 /// 27 /// 28 1 Respectfully submitted, 2 Dated: March 11, 2022 NEWEL LAW 3 By: Melissa Newel 4 Melissa Newel 5 Attorney for Plaintiff RONALD CODY SARGENT 6 7 Dated: March 11, 2022 PHILLIP A. TALBERT 8 United States Attorney PETE THOMPSON 9 Acting Regional Chief Counsel, Region IX Social Security Administration 10 By: Daniel Talbert* 11 DANIEL TALBERT 12 (*Authorized by email dated 03/11/2022) Special Assistant U.S. Attorney 13 Attorneys for Defendant 14 15 ORDER 16 Based on the parties foregoing “STIPULATION AND ORDER FOR AWARD AND 17 PAYMENT OF ATTORNEYS FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE 18 ACT (28 U.S.C. §2412(d))” (the “Stipulation”) (Doc. 17), 19 IT IS HEREBY ORDERED that, pursuant to the Equal Access to Justice Act, 28 U.S.C. 20 §2412(d), attorney’s fees in the amount of five thousand five hundred and sixty-nine dollars 21 and two cents ($5,569.02) be awarded subject to the terms of the Stipulation. 22 23 24 IT IS SO ORDERED. 25 Dated: March 14, 2022 /s/ Sheila K. Oberto . 26 UNITED STATES MAGISTRATE JUDGE 27 28