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

PHILLIP A. TALBERT 1 United States Attorney 2 MATHEW W. PILE, WSBA 32245 Associate General Counsel 3 Office of Program Litigation, Office 7 Social Security Administration 4 ASIM H. MODI, NYSBN 4692018 5 Special Assistant United States Attorney Social Security Administration 6 160 Spear Street, Suite 800 San Francisco, CA 94105 7 Telephone: 312-596-1868 8 Email: Asim.Modi@ssa.gov Attorneys for Defendant 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 SACRAMENTO DIVISION 12 13 ) Case No.: 2:22-cv-00506-AC (SS) WESLEY RENE BEKKER EVANS, ) 14 ) STIPULATION FOR THE AWARD AND Plaintiff, ) PAYMENT OF ATTORNEY FEES AND 15 ) EXPENSES PURSUANT TO THE EQUAL vs. ) ACCESS TO JUSTICE ACT, 28 U.S.C. § 16 KILOLO KIJAKAZI, ) 2412(d); [PROPOSED] ORDER Acting Commissioner of Social Security, ) 17 ) ) 18 Defendant. ) ) 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 and 22 expenses in the amount of SIX THOUSAND FIVE HUNDRED DOLLARS ($6,500.00) under 23 the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d). This amount represents 24 compensation for all legal services rendered on behalf of Plaintiff by counsel in connection with 25 this civil action, in accordance with 28 U.S.C. § 2412(d). 26 After the Court issues an order for EAJA fees to Plaintiff, the government will consider 27 the matter of Plaintiff’s assignment of EAJA fees to counsel, if any. Pursuant to Astrue v. Ratliff, 28 1 560 U.S. 586, 598 (2010), the ability to honor any assignment will depend on whether the fees 2 are subject to any offset allowed under the United States Department of the Treasury’s Offset 3 Program. After the order for EAJA fees is entered, the government will determine whether they 4 are subject to any offset. 5 Fees shall be made payable to Plaintiff, but if the Department of the Treasury determines 6 that Plaintiff does not owe a federal debt, then the government shall cause the payment of fees, 7 expenses and costs to be made directly to counsel, Francesco Benavides, pursuant to the 8 assignment executed by Plaintiff. Any payments made shall be delivered to counsel, Francesco 9 Benavides. 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 firm may have relating 14 to EAJA attorney fees or costs in connection with this action. 15 This award is without prejudice to the rights of counsel and/or counsel’s firm to seek 16 Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause 17 provisions of the EAJA. 18 19 Respectfully submitted, 20 Date: October 21, 2022 LAW OFFICES OF FRANCESCO BENAVIDES 21 22 By: /s/ Asim H. Modi for Francesco P. Benavides* FRANCESCO P. BENAVIDES 23 *Authorized by email on October 21, 2022 Attorneys for Plaintiff 24 25 Date: October 21, 2022 PHILLIP A. TALBERT 26 United States Attorney 27 MATHEW W. PILE Associate General Counsel 28 Social Security Administration By: /s/Asim H. Modi 2 ASIM H. MODI Special Assistant United States Attorney 3 Attorneys for Defendant 4 5 6 [PROPOSED] ORDER 7 Based upon the parties’ Stipulation for the Award and Payment of Equal Access to 8 || Justice Act Fees and Expenses, IT IS ORDERED that fees and expenses in the amount of 9 || $6,500.00 as authorized by 28 U.S.C. § 2412 be awarded subject to the terms of the Stipulation. 10 ~ 11 || Dated: October 24, 2022 Lhttwdrr— Chane ALLISON CLAIRE 12 UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Stip. for EAJA Fees.; 2:22-cv-00506-AC