(SS) DeStefano v. Commissioner of Social Security ( 2024 )

PHILLIP A. TALBERT 1 United States Attorney 2 MATHEW W. PILE, WSBN 32245 Associate General Counsel 3 Office of Program Litigation, Office 7 Social Security Administration 4 CASPAR CHAN CSBN 294804 5 Special Assistant United States Attorney 6401 Security Boulevard 6 Baltimore, MD 21235 Telephone: 510-970-4810 7 Facsimile: 415-744-0134 8 Email: Caspar.Chan@ssa.gov Attorneys for Defendant 9 UNITED STATES DISTRICT COURT 10 EASTERN DISTRICT OF CALIFORNIA 11 12 13 ANTHONY DESTEFANO, ) No. 2:22-cv-01338-DB ) 14 Plaintiff, ) STIPULATION FOR THE AWARD AND ) PAYMENT OF ATTORNEY FEES AND 15 vs. ) EXPENSES PURSUANT TO THE EQUAL ) ACCESS TO JUSTICE ACT, 28 U.S.C. 16 KILOLO KIJAKAZI, ) § 2412(d), AND COSTS PURSUANT TO 28 Acting Commissioner of Social Security, ) U.S.C. § 1920; AND ORDER 17 ) ) 18 Defendant. ) ) 19 20 21 22 23 24 25 26 27 28 1 IT IS HEREBY STIPULATED by and between the parties through their undersigned 2 counsel, subject to the approval of the Court, that Plaintiff be awarded attorney fees and expenses 3 in the amount $8,400.00 (EIGHT THOUSAND FOUR HUNDRED dollars and ZERO cents) 4 under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d), and costs in the amount of 5 $402.00 (FOUR HUNDRED TWO dollars and ZERO cents) under 28 U.S.C. § 1920. This 6 amount represents compensation for all legal services rendered on behalf of Plaintiff by counsel 7 in connection with this civil action, in accordance with 28 U.S.C. §§ 1920; 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 counsel, if any. Pursuant to Astrue v. Ratliff, 10 560 U.S. 586, 598, 130 S.Ct. 2521, 177 L.Ed.2d 91 (2010), the ability to honor any assignment 11 will depend on whether the fees are subject to any offset allowed under the United States 12 Department of the Treasury’s Offset Program. After the order for EAJA fees is entered, the 13 government will 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, then the government shall cause the payment of fees, 16 expenses and costs to be made directly to counsel, pursuant to the assignment executed by 17 Plaintiff. Any payments made shall be delivered to counsel. Additionally, any payment of costs 18 under 28 U.S.C. §1920 may be made either by electronic fund transfer (ETF) or by check. 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 the 21 EAJA or otherwise. Payment of the agreed amount shall constitute a complete release from, and 22 bar to, any and all claims that Plaintiff and/or counsel including counsel’s firm may have relating 23 to EAJA attorney fees or costs in connection with this action. 24 This award is without prejudice to the rights of counsel and/or counsel’s firm to seek 25 Social Security Act attorney fees under 42 U.S.C. § 406(b), subject to the savings clause 26 provisions of the EAJA. 27 The Parties also request that Plaintiff’s Motion for the Award of Attorney’s Fees 28 (Doc. No. 21) be withdrawn as moot. 1 Date: January 2, 2024 JESSE S. KAPLAN, ATTORNEY AT LAW 2 3 By: /s/ Caspar Chan for Jesse S. Kaplan* JESSE S. KAPLAN 4 *Authorized by e-mail on January 2, 2024 5 Attorney for Plaintiff 6 Date: January 2, 2024 PHILLIP A. TALBERT 7 United States Attorney 8 9 By: /s/ Caspar Chan CASPAR CHAN 10 Special Assistant United States Attorney 11 Attorneys for Defendant 12 13 ORDER 14 Based upon the parties’ Stipulation for the Award and Payment of Equal Access to Justice 15 Act Fees, Expenses, and Costs, IT IS HEREBY ORDERED that: 16 1. Fees and expenses in the amount of $8,400.00 as authorized by 28 U.S.C. § 2412, and 17 costs in the amount of $402.00 as authorized by 28 U.S.C. § 1920, be awarded subject to the terms 18 of the Stipulation; and 19 2. Plaintiff’s December 16, 2023 motion for attorney’s fees (ECF No. 21) is denied as 20 having been rendered moot. 21 DATED: January 2, 2024 /s/ DEBORAH BARNES UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 28