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

1 KELSEY MACKENZIE BROWN, CA #263109 Mackenzie Legal, PLLC 2 1003 Whitman Street Tacoma, WA. 98406 3 Phone: (206) 300-9063 4 Email: kelsey@mackenzielegal.com 5 Attorney for Plaintiff 6 PHILLIP A. TALBERT Acting United States Attorney 7 PETER K. THOMPSON, HIBN 5890 Acting Regional Chief Counsel, Region IX 8 KRYSTLE S. MCMULLAN, DCBN 242319 9 Special Assistant United States Attorney Social Security Administration 10 160 Spear Street, Suite 800 San Francisco, CA 94105 11 Telephone: (510) 970-4839 Email: Krystle.McMullan@ssa.gov 12 Attorneys for Defendant 13 UNITED STATES DISTRICT COURT 14 EASTERN DISTRICT OF CALIFORNIA 15 FRESNO DIVISION 16 17 SHARON WALTON, No. 1:20-cv-00417-SKO (SS) 18 Plaintiff, STIPULATION AND 19 ORDER FOR AWARD AND PAYMENT v. OF ATTORNEYS FEES PURSUANT TO 20 THE EQUAL ACCESS TO JUSTICE ACT KILOLO KIJAKAZI, (28 U.S.C. §2412(d)) 21 Acting Commissioner of Social Security, ORDER DENYING MOTION FOR 22 Defendant.1 ATTORNEY’S FEES AS MOOT 23 (Docs. 25 & 27) 24 25 1 Kilolo Kijakazi became the Acting Commissioner of Social Security on July 9, 2021. Pursuant 26 to Rule 25(d) of the Federal Rules of Civil Procedure, Kilolo Kijakazi should be substituted, 27 therefore, for Andrew Saul as the defendant in this suit. No further action need be taken to continue this suit by reason of the last sentence of section 205(g) of the Social Security Act, 42 28 U.S.C. § 405(g). 1 2 3 IT IS HEREBY STIPULATED by and between the parties, through their undersigned 4 attorneys, subject to the approval of the Court, that Sharon Walton (“Plaintiff”) be awarded 5 attorney fees and expenses under the Equal Access to Justice Act (“EAJA”), 28 U.S.C. §2412 (d), 6 in the amount of four thousand five hundred dollars ($4,500). This represents compensation for 7 legal services rendered on behalf of Plaintiff by counsel in connection with this civil action, in 8 accordance with 28 U.S.C. §2412(d). 9 After the Court issues an Order for EAJA fees to Plaintiff, the government will consider 10 the matter of Plaintiff’s assignment of EAJA fees to Plaintiff’s attorney. Pursuant to Astrue v. 11 Ratliff, 560 U.S. 586, 598 (2010), the ability to honor the assignment will depend on whether the 12 attorney fees are subject to any offset allowed under the United States Department of the 13 Treasury’s Offset Program. After the Order for EAJA fees is entered, the government will 14 determine whether they are subject to any offset. 15 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 16 that Plaintiff does not owe a federal debt subject to offset, then the government shall cause the 17 payment of fees approved to be made payable to Kelsey M. Brown or Mackenzie Legal, PLLC 18 (collectively “Plaintiff’s counsel”), pursuant to the assignment executed by Plaintiff. Any and all 19 payments made shall be delivered to Plaintiff’s counsel. 20 This stipulation constitutes a compromise settlement of Plaintiff’s request for EAJA 21 attorney fees and does not constitute an admission of liability on the part of Defendant under 22 EAJA. Payment of the agreed amount shall constitute a complete release from, and bar to, any 23 and all claims that Plaintiff and/or Plaintiff’s counsel may have relating to EAJA attorney fees 24 and expenses in connection with this action. 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 provisions of the EAJA. 3 Respectfully submitted, 4 DATE: March 15, 2022 /s/ Kelsey M. Brown 5 Kelsey M. Brown Attorney for Plaintiff 6 SHARON WALTON (*Authorized via email) 7 8 PHILLIP A. TALBERT Acting United States Attorney 9 DATE: March 15, 2022 /s/ Krystle S. McMullan 10 KRYSTLE S. MCMULLAN Special Assistant United States Attorney 11 Social Security Administration 12 13 ORDER 14 15 Based on the parties’ foregoing “STIPULATION FOR AWARD AND PAYMENT OF 16 ATTORNEYS FEES PURSUANT TO THE EQUAL ACCESS TO JUSTICE ACT (28 U.S.C. 17 §2412(d))” (the “Stipulation”) (Doc. 27), 18 IT IS HEREBY ORDERED that, pursuant to the Equal Access to Justice Act, 28 U.S.C. 19 §2412(d), attorney fees and expenses in the amount of four thousand five hundred dollars 20 ($4,500) be awarded subject to the terms of the Stipulation. 21 IT IS FURTHER ORDERED that Plaintiff’s motion for attorney’s fees (Doc. 25) is 22 DENIED as MOOT. 23 IT IS SO ORDERED. 24 25 Dated: March 16, 2022 /s/ Sheila K. Oberto . UNITED STATES MAGISTRATE JUDGE 26 27 28